Can courts dismiss “rational basis” cases without hearing evidence?

November 25, 2014 | By TIMOTHY SANDEFUR

My latest law review article is available in the new issue of the George Mason U. Civil Rights Law Journal. Entitled “Rational Basis and The 12(b)(6) Motion: An Unnecessary ‘Perplexity,'” the article tries to resolve the confusion that some courts have expressed about how to resolve a motion to dismiss when the lawsuit alleges a con ...