Re:Apple’s head of security indicted in Santa Clara County C...
by giantg2 on Monday November 23, 2020 @10:36PM
(#25195028)
They have to provide legal reasoning. Simply using an arbitrary die roll would not be lawful, unless the legislature specified it.
[ Parent
| on HN ]
Re:Apple’s head of security indicted in Santa Clara County C...
by Reelin on Tuesday November 24, 2020 @12:16AM
(#25195517)
Using a die roll would be arbitrary and capricious (and thus I assume illegal), but would it violate equal protection specifically? I suspect not.
Re:Apple’s head of security indicted in Santa Clara County C...
by jkaplowitz on Tuesday November 24, 2020 @01:14AM
(#25195817)
It's probably illegal, agreed, but because it wouldn't pass even the rational basis test for a Second Amendment infringement. It definitely wouldn't violate the equal protection rights.
I don't believe the legislature has to specify the criteria used, if they explicitly give the local officials discretion, but their criteria do have to have some rational objective.