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Grey Matter Industries has created a new device called "Heightened Mind," or HM for short. When implanted directly in the brain, HM acts as a supercharger. HM-implanted individuals (HMis for short) instantly have photographic memories, have IQs higher than the greatest minds in history, and can perform calculations in their head previously reserved for the world's fastest supercomputers. In response, Congress passed the Fair Contract Act (FCA), which bans HMis from entering into any contract (e.g. taking out a loan, finding a new job, signing a rental agreement, marriage) with any non-HMi. Because HMis are so intelligent, Congress thought a non-HMi would be at an inherent disadvantage in any negotiation.
The ACLU has challenged the law as unconstitutional, and the case has reached the Supreme Court. As one of the justices, you have to determine whether the FCA is constitutional.
1. Should HMis be considered a suspect class? Why or why not?
2. Based on this decision, use one of the substantive due process tests to determine if the FCA is constitutional.
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