Legal scholar Orin Kerr provides excerpts from the concurring opinion today in Hettinga v. United States, in which Judge Janice Rogers Brown (joined by Judge Sentelle) argues that the Supreme Court should overturn its rational basis caselaw in the economic area and return to a Lochner-era regime of judicial scrutiny for economic regulations:
Read more on U.S. Appeals Court Opinion Criticizes Supreme Court Precedents That Undermine Economic Freedom…
Posts tagged with: Rational basis review
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