Monday, February 23, 2009

Erroll Tyler and Economic Liberty

Randy Barnett discusses the 14th Amendment a bit at the end, the same Randy Barnett who took California's Medical Marijuana case to the Supreme Court. Barnett is really good at crafting arguments that force the Supreme Court to either abandon a series of precedents or engage in radical social change. (They can be expected to squirm a bit, then opt for the former.)

I suspect Errol Tyler's claim that the 14th Amendment protects his right to earn an honest living will fail. If it succeeds, we may need to drastically overhaul commonplace regulations and laws across the country regarding licensure and access to professional organizations. Now, any overhaul that liberalized and harmonized professional licensure requirements throughout the Union would be for the good of all Americans, as I've whined about before, but I doubt such a change would come from the bench. I seriously doubt such a sound economic policy change would ever be realized in this country.

UPDATE: As much as I like to imagine him constantly harrying SCotUS with their inconsistencies, Mr. Barnett corrects that his activity in Raich should not be confused with a habit. He posts on this issue here.