Project #6891 - Due Process

explain your legal reasoning:

A state legislature enacted a statute that required any motorcycle operator or passenger on the state's highways to wear a protective helmet. Jim Alderman, a licensed motorcycle operator sued the state to block enforcement of the law. Alderman asserted that the statute violated the equal protection clause because it placed requirements on motorcyclists that were not imposed on other motorists. 
Please answer questions 1-3 reference a real life case to support your answer

1. Why does this statute raise equal protection issues instead of substantive due process concerns?

2. Which standard of scrutiny, or test, would apply to this situation?  Strict ScrutinyIntermediate Scrutiny, or Rational Test.... Why?

3. Apply this standard of scrutiny, or test, is the helmet statute constitutional? Why?
 

Subject Law
Due By (Pacific Time) 05/28/2013 04:00 pm
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