Oberson v. United States Department of Agriculture, Forest Service

¶38 The Court fails to properly apply rational basis review, inappropriately relies on Brewer to support its holding, and usurps the role of the legislature to create its own broad classification encompassing all “inherently dangerous sports.” For these reasons, I dissent.

¶39 Despite purporting to apply a rational basis review to the snowmobile liability statute, the Court fails to either enunciate or apply the proper standards for an equal protection challenge.

“The constitutionality of a legislative enactment is prima facie presumed, and every intendment in its favor will be presumed, unless…