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Appellate Court Issues Landmark Ruling in Favor of Louisiana Monks

radcen said:
Appellate Court Issues Landmark Ruling in Favor of Louisiana Monks

The Institute for Justice
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I heard of that law, but didn't hear about this court case. I hope the monks win survives appeal as well, if someone chooses to buy a casket from them so be it, not like one will care about certifications and quality control at the end.
 
LaMidRighter said:
I heard of that law, but didn't hear about this court case. I hope the monks win survives appeal as well, if someone chooses to buy a casket from them so be it, not like one will care about certifications and quality control at the end.
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Right. It's a casket. It will contain a dead body. It will be buried in the ground. Hence, I cannot think of a single legitimate reason why there needs to be this law. It's protectionism, pure and simple.
 
ANY law limiting commerce for the purpose of protecting special interests and preventing competition should be struck down.

I seem to remember that decades ago there was a case about a Wisconsin law that required margarine to be dyed green, claiming this was so people didn't confuse it with real butter - a law to protect diary farmers in the dairy state. The courts struck it down.
 
This decision puts the rightwingers in an odd position. Either they agree with the decision, and end up being against Federalism, or they oppose the decision (thereby supporting Federalism) on the grounds of individual freedom and opposition to economic regulation
 
The ruling is sound. There is no legitimate state interest in the nonsense "licensing requirements" related to caskets in Louisiana and thus the law is invalid. Using the government to directly benefit a certain industry for the sole purpose of profit is not only unconstitutional, it is clear evidence of corruption.
 


Ummmmm... what? How the hell does this impinge on federalism in any way?
 
sangha said:
An activist Federal court overturned a state law
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Yes, that's what they do when state laws are deemed unconstitutional.

Noting that you provided zero opposing viewpoint other than the "activist" adjective, and giving you the benefit of the doubt that you are not being argumentative just to be argumentative (not really, but I'm being polite), please explain how and/or why this ruling was incorrect and/or out-of-line. Please, be specific.

 

I'm not a Federalist, so I have no problem with the ruling. IMO, it is proper for the Feds to overturn state laws and their decision in this particuar circumstance was correct.

However, Federalists disagree on that point. I was pointing out the potential dilemna for Federalists.
 
Obviously, the State was unable to substantiate a "compelling interest" and I doubt they will be able to do so before the Supremes...if it goes that far.
 
You can order a casket online from Walmart and have it delivered to your house. What the heck it the point of the State law if you can do that?
 
Heebie Jeebie said:
You can order a casket online from Walmart and have it delivered to your house. What the heck it the point of the State law if you can do that?
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Would they do that? I know that radar detectors are illegal in Virginia*, and even online merchants will not sell to Virginia addresses. I would presume the same would apply here.

*- Used to be, at least. I presume the status is still current, but am not sure.
 

I have no idea if they would ship it. Maybe I'll try to order one just to see.

It didn't kick me out when I put in a New Orleans zipcode.
 
radcen said:
IIRC, they have a KISS casket. lol
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I tried to order the Lady of Guadalupe steel casket, a really sweet looking thing to spend eternity in! Only $1,199 not including tax and shipping.
 
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