CHANGE: Judges Brown and Sentelle Urge the Supreme Court to End Rational Basis Review of Economic Regulations. “In a concurring opinion today in Hettinga v. United States, Judge Janice Rogers Brown (joined by Judge Sentelle) contends 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.” Well, there is no constitutional basis for treating “economic rights” differently from, say, “privacy rights.” Rights are rights. Right?
InstaPundit is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.