Almost anything goes as long as laws do not infringe on rights courts deem “fundamental.” These include things like free speech, voting and marriage, which get a higher degree of scrutiny. Providing for your family does not make the cut. Louisiana and other states acknowledge this right exists but put it in a lower tier and refuse to protect it with rigor.
Rather than give up, N’Dakpri and her aunt will appeal in the coming months and push forward to the Louisiana Supreme Court, if necessary. They can look to the brothers of Saint Joseph Abbey for inspiration. These monks, based at a monastery in Covington, Louisiana, took on rational basis review andTheir case started when they announced plans to sell handcrafted caskets without state permission.
They sued in federal court to overturn the licensing requirement and prevailed at the Fifth U.S. Circuit Court of Appeals. “The great deference due state economic regulation does not demand judicial blindness,” a unanimous panel of judges held. Although rare, other victories have followed. Texas