TTTBE #18: Andrew and Thomas are Both Jet-Lagged But We Still Do This For You Edition (Patreon)

This was a VERY difficult and controversial question involving the best reason to rule a draconian clothing law unconstitutional.  The answer is "D" (that the law lacks a rational connection to a legitimate government interest) although our patrons guessed all four answers in relatively equal proportions.

Thomas is now 10-for-18 (55.6%) and slightly despondent but still has high hopes of passing the bar.  He guessed "B" (that the law violated equal protection).

Thomas's answer wasn't a bad one per se; it's just that the question asked for the best argument against the statute, and that's the substantive due process rights violation of the individual's freedom to express him- or herself through dress.   A lawyer challenging this bill would absolutely bring an equal protection claim as well, but the law seems to treat men and women (and over-65 men and under-65 men) all equally terribly.  I view this as a really nasty "attractive distractor" and certainly don't think less of Thomas (or anyone else) for guessing "B."

Individuals have a First Amendment right to expression that includes the right to wear clothes, which means that the law would need to survive strict scrutiny.  Even under a lesser "rational basis" standard, this proposed law is nonsense and would not survive.

 Stay tuned for another new question when Question #19 drops along with Friday's Epsiode 60!