Craig V. Boren - Dissent

Dissent

Chief Justice Burger and Justice Rehnquist dissented. Rehnquist dissented because he felt that the law only needed to pass the “rational basis” analysis. (Previous cases in this area, such as Stanton v. Stanton, had used only the "rational basis" test). Burger dissented because "a litigant may only assert his own constitutional rights or immunities." He felt that the indirect economic injury to Whitener and other vendors introduced "a new concept of constitutional standing to which I cannot subscribe."

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