Thursday, August 12, 2010

Courts, Monks & Protected Interests

This issue has been around forever - powerful economic interests lobby their buddies in the legislature to stifle competition using the regulatory and police power of the state as their weapon of choice. Since the New Deal, the general take of the Courts has been that if the legislature makes findings of fact that, on the surface, justify the challenged legislation, absent a Constituinal issue, the Courts will not overturn the decision unless it is manifestly without basis.

All too often, that amount of protection is insufficient and acts to unfairly protect corrupt special interests. A case in point:

(H/T Instapundit)

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