Wednesday, September 17, 2008

Economic Liberty

The Ninth Circuit on September 16 struck down a California regulation that licensed pest control.

In a footnote, the court wrote, "We conclude that mere economic protectionism for the sake of economic protectionism is irrational with respect to determining if a classification survives rational basis review. In doing so, we agree with the Sixth Circuit in Craigmiles and reject the Tenth Circuit’s reasoning in Powers v. Harris, 379 F.3d 1208, 1218-19 (10th Cir. 2004). Powers rejected the Sixth Circuit’s conclusion that economic protectionism for its own sake is irrational. Id. We do not disagree that there might be instances when economic protectionism might be related to a legitimate governmental interest and survive rational basis review. However, economic protectionism for its own sake, regardless of its relation to the common good, cannot be said to be in furtherance of a legitimate governmental interest."

hat tip Amber.

Unfortunately, the court rejected the Privileges and Immunities Clause claim.