Which leads to the question: How would one resolve Hollingsworth using a rational-basis test?

WSJ: Best of the Web Today: Maybe Scalia Was Wrong

Last month 49, 000 consumers self-selected among 598 brands in 83 diverse categories in which they are customers, and assessed brands based on an independently-validated technique that fuses rational and emotional aspects of the categories, using a combination of psychological inquiry and higher-order statistical analyses.

FORBES: Customer Loyalty Engagement Index 2012 Commandment: Delight Thy Customer

Simply knowing what digital platforms people are using does not tell a brand how that platform can best be leveraged, linking the platform to the emotional and rational aspects that drive consumer engagement with a category.

FORBES: Digital What?