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Is age discrimination unconstitutional?
Regarding the proposal of increased testing for older drivers, would this in any way be against the law, and if so what law or amendment?
1 Answer
- IceBreaker27Lv 61 decade agoFavorite Answer
First, the proposal wouldn't be against the law. The new law would be either constitutional or not.
Second, the test is a matter of balancing. Discrimination is FINE as long as it is outweighed by a bona fide and significant state interest. For example, the state has a significant interest in keeping the roads safe.
Requiring older drivers to get tested might put a slight burden on these older drivers, but that pales in comparison to the state's safety interest. Also, it is important to note that the proposal only mandates testing - it does not refuse to license older drivers.
I would be *extremely* surprised if there could even be a constitutional argument against this proposal.
Source(s): lawyer
