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Another Landmark Win for Economic Liberty (in Texas)

Posted: Fri Jun 26, 2015 3:37 pm
by MachineGhost

Re: Another Landmark Win for Economic Liberty (in Texas)

Posted: Fri Jun 26, 2015 4:45 pm
by MediumTex
MG,

Can you give us a sentence or two describing what this is about?

Re: Another Landmark Win for Economic Liberty (in Texas)

Posted: Fri Jun 26, 2015 5:59 pm
by MachineGhost
MediumTex wrote: Can you give us a sentence or two describing what this is about?

In his concurrence, Justice Don Willett stated, “This case concerns far more than whether Ashish Patel can pluck unwanted hair with a strand of thread.  This case is fundamentally about the American Dream and the unalienable human right to pursue happiness without curtsying to government on bended knee.  It is about whether government can connive with rent-seeking factions to ration liberty unrestrained, and whether judges must submissively uphold even the most risible encroachments.
” 

In other words, its as if the Lyft of eyebrow threading won its case against the proverbial taxi cartels after seven years.  The important thing is this sets a stare decisis precedent that can be used in other economic liberty cases in Texas as well as the other 50 states.  The chink is in the armor!

Also interesting is the majority flipped the bird to SCOTUS regarding constitutional challenges to economic regulations:

Section 19’s substantive due process provisions undoubtedly were intended to bear at least some burden for protecting individual right that the United States Supreme Court determined were not protected by the federal Constitution.  That burden has been recognized in various decisions of Texas courts for over one hundred and twenty-five years.  We continue to do so today[.]