Due Process Hypothetical
A public elementary school has an incident in which a child becomes
very ill. The child is allergic to peanuts. The child ate a
peanut butter sandwich in the school cafeteria because she traded the
tuna fish sandwich in her lunch box for a peanut butter sandwich
brought to school by a friend. In the aftermath of the incident
the school adopts the following rule:
No child can bring any food item containing peanuts or peanut butter to
school as part of their lunch.
1) Is the rule constitutional under the Due Process Clause approach of
Lochner?
2) Is the rule constitutional under the Due Process Clause approach of
Nebbia, Carolene Products and Lee Optical?
3) Is the rule constitutional under the Due Process Clause approach of
Griswold?