see also United States v. Carter, 669 F.3d 411, 419
(4th Cir. 2012) (intermediate burden unmet; “[w]ithout pointing to any
study, empirical data, or legislative findings, [government] merely
argued to the district court that the fit was a matter of common sense”).
We've heard this bit about "common sense regulations" all too much lately and NJ's supplemental basically said the same thing:We have no evidence, no studies, but it's just common sense so rule for us.