Swoap v. Superior Court

*511TOBRINER, J.

I dissent.

The majority propose, by the instant opinion, to establish a new constitutional standard for determining when the state may compel some of its citizens to pay for benefits which the state, in its wisdom, decides to provide to other citizens. Under the test proposed by the majority, a state can charge one class of citizens with the costs of providing public programs to another class whenever there is simply some “rational relationship” between the group of benefited individuals and those who must pay the bill. Applying this “minimal rationality” test in the instant case,…