84 L.Ed.2d 751 (1985); Zobel v. Williams, 457 U.S. 55, 61-64, 102 S.Ct. 2309, 2313-15, 72 L.Ed.2d 672 (1982)); see also Attorney Gen. v. Soto-Lopez, 476 U.S. 898, 912, 106 S.Ct. 2317, 2325-26, 90 L.Ed.2d 899 (1986) (Burger, C.J., concurring in the judgment); id. at 916, 106 S.Ct. at 2328 (White, J., concurring in the judgment). See generally 3 Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law— Substance and Procedure § 18.3, at 36-41 (2d ed. 1992). Further, at least two federal courts have expressly recognized that the Supreme Court has in fact created this fourth level of equal protection analysis. See Knutzen v. Eben Ezer Lutheran Housing Center, 815 F.2d 1343, 1354-55 (10th Cir. 1987) (applying “ ‘second order’ rational basis review”); Coburn, 627 F.Supp. at 990 (<HOLDING>); see also Moss v. Clark, 698 F.Supp. 640, 650
recognizing heightened rational basis scrutiny recognizing change recognizing rule recognizing that basis for challenging administrative rule under ors 1834004b recognizing but not ruling on basis of federal rule prohibiting tolling during a successive class action