|PDF Title :||Regulatory Rights|
|Total Page :||274 Pages|
|PDF Size :||1,610 KB|
|PDF Link :||Available|
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Regulatory Rights: Supreme Court Activism, the Public Interest, and the Making of Constitutional Law
The Moreno case provides another illustration.166 The means at issue was a provision of the Food Stamp Act, which denied coupons to households composed of unrelated persons.
The government initially argued that depriving unrelated, cohabiting adults of benefits served the objectives Congress had cited for the act generally—namely, improving nutrition among the poor and fortifying the agricultural sector of the economy.
Those purposes were too far removed from the challenged provision to make an assessment of its instrumental character intelligible. Any provision that channeled benefits to exceptionally needy people could be defended as a rational means of enhancing nutrition among the impoverished classes, and any provision that restricted benefits (for any reason) could be attacked as an irrational diminution of the market for farm products.