Late Wednesday, Brown signed the bill raising the age for tobacco use, including vaping, to 21, the Associated Press reports. He also vetoed a bill that would have asked voters to divert tobacco taxes to pay for the health expenses of those with tobacco-related ailments, according to the Los Angeles Times.
Source: NPR
(Score: 1, Insightful) by Anonymous Coward on Thursday May 05 2016, @10:21PM
Is there any grounds to overturn this law due to age discrimination?
How can there be a law that only prevents certain adults from using tobacco without it violating "equal protection under the law"?
(Score: 1, Insightful) by Anonymous Coward on Thursday May 05 2016, @10:33PM
AC, meet precedent: Alcohol
(Score: 0) by Anonymous Coward on Friday May 06 2016, @12:36AM
Alcohol is slightly different due to the 21st Amendment, namely section 2: "The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited."
However, age in this case would only be subject to rational basis review. And I think you would be hard pressed to find a court that would proclaim that this smoking law isn't "rationally related" to a "legitimate" government interest, especially given the precedent of public health statutes that have withstood strict scrutiny.