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Old April 17, 2013, 10:37 AM   #262
JimDandy
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Join Date: August 8, 2012
Posts: 2,556
Quote:
Mere allegation of a governmental interest in itself is not sufficient to establish constitutionality.
Mere allegation of anything is not sufficient for much of anything. Mere allegation will not even sustain a grand jury.

I was being intentionally broad, that's why I included all three bases for review, because the question itself was general. A law requiring the D.O.T to subsidize a national ad campaign to reduce drunk driving, if challenged for some unlikely but possible reason, would likely fall under Rational Basis review. It would be in the government's interest to encourage its citizens to "do the right thing" and not drive impaired.
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