State Supreme Courts Stand Up for Economic Liberty While SCOTUS Falls Down on the Job
The U.S. Supreme Court has an unfortunate habit of shortchanging certain constitutional rights.
When the justices hear a case involving a possible infringement on the right to free speech, they generally presume that the regulation at issue is unconstitutional and force the government to justify its actions. That is as it should be.
But when the Court considers a possible infringement on the right to economic liberty, it grants the government a broad degree of deference, not only presuming the regulation to be constitutional but also forcing the regulated party “to negative every conceivable basis which might support it.” In other words, the Supreme Court tips the scales heavily in favor of the government in economic liberty cases.
Fortunately, several state s
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