|
Re the emotional French Fry case and the cries of hypocrisy it elicits... :
The question wasn't whether Roberts felt that local governments SHOULD pass such regulations (based on the dicta of the case he disagreed with this) but whether under the EQUAL PROTECTION CLAUSE under which the mother filed a Sec 1983 claim (ie., private lawsuit if your constitutional rights were violated) allowed the local government to formulate and implement such a discriminatory rule. Since the standard is RATIONAL BASIS (much much lower than Strict Scrutiny), the answer was YES...they have a right to do enact such statutes/regulations. Rational Basis means is there a reasonable argument for implementing differing standards for differing classes of people (in this case, young v adults) and the Court found such a basis.
|