Legal Opinion · Dissent

Vision Mining, Inc. v. Gardner

Kentucky Supreme Court

Decided December 22, 2011No. Nos. 2010-SC-000311-WC, 2010-SC-000438-WCPublished

1DissentMinton, C.J.

Under the rational basis review, this Court should not overturn legislative action on Equal Protection grounds “unless the varying treatment of different groups or persons is so unrelated to the achieve*476ment of any combination of legitimate purposes that we can only conclude that the [General Assembly’s] actions were irrational.” 43 And we should be “quite reluctant to overturn [legislative] action”44 even if “the law seems unwise or works to the disadvantage of a particular group, or if the rationale for it seems tenuous.”45 In my view, the majority opinion reaches its intended result by…

2Cases cited25 opinions

  1. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  2. Dandridge v. WilliamsSupreme Court of the United States · 1970
  3. Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
  4. Kimel v. Florida Board of RegentsSupreme Court of the United States · 2000
  5. Romer v. EvansSupreme Court of the United States · 1996

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