r unless based upon an unjustifiable standard such as race, religion, or other arbitrary classification. Id. These principles were reiterated in Wayte v. United States, 470 U.S. 598 (1985), a case involving the government’s policy of prosecuting only those individuals who reported themselves as ha

icy of prosecuting only those individuals who reported themselves as having failed to register with the Selective Service system. The petitioner in Wayte claimed that the self-reported non-registrants were “vocal” opponents of the registration program who were being punished for the exercise of their

e.g., United States v. Armstrong, 517 U.S. 456, 463-66 (1996) (examining the Equal Protection Clause's prohibition on racially- motivated charging); Wayte v. United States, 470 U.S. 598, 608 (1985) (holding due process bars prosecution in retaliation for exercising fundamental rights); Kolender v. Lawso