Thursday, July 21, 2011

Victory in Louisiana! The Institute for Justice and the Saint Joseph Monks Bury State Casket Cartel



Institute for Justice -- "A federal court today ruled that Louisiana’s government-imposed monopoly on casket sales in the state is unconstitutional, closing the lid on the economic protection scheme and resurrecting an opportunity for local monks to provide for themselves by creating and selling their handmade caskets. The monks of Saint Joseph Abbey of Saint Benedict, La., and the Institute for Justice, which represents the order in court, had filed suit to fight Louisiana’s government-imposed casket cartel." 

From the court decision of Judge Stanwood Duval, U.S. District Court for the Eastern District of Louisiana (emphasis added is mine):

"Before the Court was the issue of whether it is unconstitutional to require those persons who intend solely to manufacture and sell caskets be subject to the licensing requirements for funeral directors and funeral establishments. After considering all testimony and evidence presented at trial and the relevant law, the Court finds that this requirement is in contravention of the Due Process Clause and the Equal Protection Clause of the United States Constitution. 

There is no rational basis for the State of Louisiana to require persons who seek to enter into the retailing of caskets to undergo the training and expense necessary to comply with these rules. Simply put there is nothing in the licensing procedures that bestows any benefit to the public in the context of the retail sale of caskets.  It appears that the sole reason for these laws is the economic protection of the funeral industry which reason the Court has previously found not to be a valid government interest standing alone to provide a constitutionally valid reason for these provisions."

MP: Sounds like Judge Napolitano on Freedom Watch!

Congratulations to the Institute for Justice for another defeat against economic protectionism and another victory for economic freedom on behalf of America's small businesses and entrepreneurs.  I hereby nominate the Institute for Justice for the 2011 Nobel Peace Prize for their humanitarian work empowering individuals and small businesses and defending their right to earn an honest living!

5 Comments:

At 7/21/2011 7:36 PM, Blogger Speedmaster said...

Fantastic!

 
At 7/21/2011 8:01 PM, Blogger yamahaeleven said...

Hurray! Doctors next?

 
At 7/22/2011 8:36 AM, Blogger bob wright said...

I second the nomination.

 
At 7/22/2011 8:55 AM, Blogger Steve Bartin said...

We hope more courts find their "inner George Sutherland".
http://nalert.blogspot.com/2010/03/is-there-federal-judge-who-will-strike.html

 
At 7/22/2011 1:26 PM, Blogger Hydra said...

I would suggest that the administration of many zoning laws is also in contravention of the Due Process Clause and the Equal Protection Clause of the United States Constitution.

 

Post a Comment

Links to this post:

Create a Link

<< Home