Quote:
|
Would not survive ANY standard of scrutiny.
|
Hmmm, I don't know if I am that confident myself. I feel pretty sure it would survive rational basis scrutiny and probably some intermediate scrutiny as well considering that the "penalty" it imposes (retention of records) is relatively low and the governmental concern (public safety re: terrorism) is fairly high.
It could conceivably even pass strict scrutiny if worded correctly and some of the issues addressed.