9th Cir applies "toothy" (though not very) rational basis scrutin
y to regulations on entry into a profession
VOLOKH at mail.law.ucla.edu
Wed Sep 15 21:11:21 PDT 1999
Dittman v. State of California, 1999 WL 710380,
http://laws.findlaw.com/9th/9816385.html, holds that "although a state may
regulate entry into a profession, any such regulation must be rationally
related, not merely to a legitimate state interest, but more specifically to
the 'the applicant's fitness or capacity to practice'
the profession itself," citing Schware v. Board of Bar Exam'rs, 253 U.S. 232
(1957). An inquiry into "whether [a restriction] is rationally related to a
legitimate state interest is [thus] incomplete." Nonetheless, the case
still reads the "rational relationship" element very broadly.
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