The Arizona-based Goldwater Institute today filed this friend-of-the-court brief in support of our petition for certiorari in the case of Hettinga v. United States. We’re urging the High Court to address the question of whether the government can get a rational-basis lawsuit dismissed by simply saying that a challenged law is rational—without any evidence or fact-finding, and without allowing the plaintiff to prove his case. The Goldwater Institute’s brief points out that state courts applying similar rules have addressed the question much more effectively, allowing plaintiffs at least the opportunity to present evidence to prove that a challenged law is unconstitutional. Let’s hope that the Court takes this case and follows the states’ lead.
(For the record, Goldwater’s brief was authored by my wife. In compliance with Supreme Court rules, I did not author, edit, or contribute to or for its writing in any way whatsoever.)