Tattoos present a public health risk associated with breaking the skin barrier with tattoo needles during the tattoo process. Contaminated ink has led to several people contracting non-tuberculosis mycobacterial (NTM) skin infections. As a result, many states have enacted laws requiring tattoo parlors to change ink between patrons and to use sterile needles.

1. If tattoo parlors challenged this law in Court, what standard of review would the Court apply in this case and why?

2. Do you think the tattoo parlors would win? Explain why or why not