norml23 - Page 10
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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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