Bowser v. Jacobs

Although I am in complete sympathy with the result reached by my colleagues, on the record presented it is beyond our authority to declare the challenged legislative classification unconstitutional.

Time and again we have been instructed that “the Legislature may recognize degrees of evil and adapt its legislation accordingly” (Truax v. Raich [1915], 239 US 33, 43 [36 S Ct 7, 60 L Ed 131]), that it need not cover “the whole field of possible abuses” (Patsone v. Pennsylvania [1914] 232 US 138, 144 [34 5 Ct 281, 58 L Ed 539]), and that “logical appropriateness of the inclusion or exclusion of…