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 arbitrary and irrational in the right of rater events°"
 Chastleton Corp. v. Sinclair, 254 UoS. 543, 547_48, 44 S.Cto 405,
 68 LEd. 841 (1924). Moreover, a court is "o o o not at liberty
 to shut its eyes to an obvious mistake, when the validity of the
 _aw depends upon the truth of what is declared." ld., at p. S47.
 Thus, as the court stated in United States v. CaroJene Products,
 Co., supra at 153-54 (1938):
 We recognize that the constitutionality of a
 statute, valid on its face may be assailed by
 proof of facts tending to show that the
 statute as applied to a particular article is
 without support in reason because the
 article, although within the prohibited
 class, is so different from others of the
 class as to be without the reasons for the
 prohibition.
 There is ample precedent for the defendant to demonstrate
 through expert testimony and empirical evidence that the statute
 as applied to marijuana is without support in reason because the
 article, although within the prohibited crass, is so different
 from others of the class as to be without the reason for the
 prohibition. !n Muller v. Oregon, 208 U.So 412, 28 S.Ct. 324, 52
 LoEd. 551 (1908), the first "Brandeis brief" case, the court was
 presented with a challenge to a statute which imposed a
 [imitation on the hours women might work, but which did not also
 apply to men. SignificantJy, the court examined a great deal of
 factual material as to the actual effect of "protective" work
 legislation for women. Based on the date presented, the court
 upheld the statute, in grown v. Board of Education, 347 U.S.
 483, 74 S.Ct. 686, 98 L.Edo 873 (1954), the court granted relief
 based upon extensive empirical data regarding the psychological
 effects on black children of segregated education. The court
 stated:
 The effect of this separation on their
 educational opportunities was weml stated by
 a finding (in the tower court) in the Kansas
 case °..: "Segregation of white and colored
 children in public schools has a detrimental
 effect upon the colored chi[dreno The impact




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