(This is based on an actual law.) In Texas, hairbraiding is considered both barbering and cosmetology, and requires a license to practice and to teach hair braiding. The art and foundation of “traditional” or “natural” hairbraiding traces back thousands of years to Africa. Today, thousands of practitioners engage in the intricate crafts of twisting, braiding, weaving and locking natural styles, mostly for African-American clients whose characteristically textured hair is perfect for such styling. Some advocacy organizations claim that the Licensing Law for Hair Braiding or Teaching is unconstitutional because it targets ethnic and/or racial minorities. If a person wanted to challenge the constitutionality of the Licensing Law for Hair Braiding or Teaching on the basis of discrimination, which level of scrutiny would a court apply to determine whether or not the law was constitutional?
State Code, Ch. 2 (Gen. Provisions), Sec. 12 (Short Title: Licensing Law for Hair Braiding or Teaching)
Sec. 12 (a): The purpose of this statute is to ensure that only licensed barbers practice or teach hair braiding.
Sec. 12 (b): It shall be unlawful for any person who is not a licensed barber of the State of Texas to engage in the practice of hair braiding or to teach hair braiding within the State of Texas.
Sec. 12 (c): Any person or persons violating the provisions of this Statute shall be charged with a Class 1 misdemeanor and shall be punished with a fine of $1,500.
Sec. 12 (d): A person may challenge or dispute the fine by filing a lawsuit in a district court of original jurisdiction.
| Strict scrutiny (classification presumed invalid on its face) | ||
| Intermediate scrutiny (the law will stand if it substantially relates to an important government objective) | ||
| Minimal scrutiny (if classification has a rational basis, it will stand) |
QUESTION 33
T.C. Wunderkind founded a silicon chip manufacturing company called TechChip Inc. to produce specialized integrated circuits. Knowing you are skilled in business law, Wunderkind has asked for your advice.
Wunderkind knew that Texas Instruments, Inc. a multinational manufacturer of integrated circuits, was about to open a new facility in Saudi Arabia. TechChip Inc.’s analysts don’t believe this is a wise decision financially, but Wunderkind believes that since TechChip Inc. is an integrated circuit manufacturer like Texas Instruments, Inc., his company should open a manufacturing facility in Saudi Arabia, too. Which of the following errors in critical thinking has Wunderkind made?
| Argumentum ad hominem | ||
| The gambler’s fallacy | ||
| A false analogy | ||
| The slippery slope fallacy |
