The gun-free School Zones Act didn’t have any. The Age Discrimination in Employment Act didn’t have the right kind. The Violence Against Women Act is chock-full, but will that really matter to this U.S. Supreme Court?
A reading of recent high court rulings and oral arguments indicates that the key ingredient either present or missing in those three federal laws — the thing the court now seems to be looking at in determining whether to uphold them — is congressional findings. Less clear is how much deference the justices have decided to pay to such findings.
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