Wednesday, March 20, 2013
A Libertarian Win for the Benedictines
With the help of the Institute for Justice, the Benedictine monks of St. Joseph Abbey in Louisiana (who partly support themselves through making caskets) have won a challenge in the Fifth Circuit to a (rent seeking) Louisiana restriction on the sale of caskets to licensed funeral homes. As Eugene Volokh notes, this is another impressive win by IJ in a case challenging state economic regulations as lacking rational basis, notwithstanding the high level of deference to the government in such cases. The opinion by Judge Patrick Higginbotham is here.
https://mirrorofjustice.blogs.com/mirrorofjustice/2013/03/a-libertarian-win-for-the-benedictines.html