Since the 1930s, the Supreme Court has set its lowest bar for constitutional review to economic regulation. The court’s rational-basis test doesn’t require policymakers to be wise, or even reasonable.

The rational basis test is on a losing streak. Less than a week after the California Supreme Court declined to use that analysis in arriving at its historic same-sex marriage ruling, the 9th U.S.

Add Yahoo as a preferred source to see more of our stories on Google. Donald Trump; US Supreme Court building Photo illustration by Salon/Getty Images Since the 1930s, the Supreme Court has set its ...