I appreciate the comment – kinda gives me closure! I knew my comments on rational basis review were very much a stretch, but thought the Anderson test was closer to strict scrutiny. Admittedly here I was strongly influenced by Derfner and Herbert (Voting Is Speech, 34 Yale L. & Pol’y Rev. 471 (2016)) who obviously want Anderson to be stricter than rational basis. They made it seem as though the original Anderson test was substantially tougher than (and therefore not equivalent to) rational basis, but admitted that in subsequent rulings Anderson seemed to be reinterpreted more and more like simply rational basis. I wonder if there are any more recent rulings to indicate one way or another.
I appreciate the comment – kinda gives me closure! I knew my comments on rational basis review were very much a stretch, but thought the Anderson test was closer to strict scrutiny. Admittedly here I was strongly influenced by Derfner and Herbert (Voting Is Speech, 34 Yale L. & Pol’y Rev. 471 (2016)) who obviously want Anderson to be stricter than rational basis. They made it seem as though the original Anderson test was substantially tougher than (and therefore not equivalent to) rational basis, but admitted that in subsequent rulings Anderson seemed to be reinterpreted more and more like simply rational basis. I wonder if there are any more recent rulings to indicate one way or another.