Did the supreme court examine government as to, if this was the only path available to achieve what it wanted?
Was it established that existing provisions of law is not sufficient to deal with the issue(perhaps not so easily as by fiat as in the new law, but requiring stricter standards of trial and evidence), necessitating this new law?
Was it established that existing provisions of law is not sufficient to deal with the issue(perhaps not so easily as by fiat as in the new law, but requiring stricter standards of trial and evidence), necessitating this new law?