The Constitution would like a word with California.California’s FAST Recovery Act is just par for the course.
“This is a clear example of picking ‘winners’ and ‘losers,’” charged Joe Erlinger, president of McDonald’s USA, and “the outcome of backdoor politicking.” The irony was not lost on Justice Stephen Johnson Field, who, in dissent, reproached the court for rendering the provision “a vain and idle enactment.” His reading of the Privileges or Immunities Clause would prohibit baseless economic discrimination, for among the freedoms of American citizens is “the right to pursue a lawful employment in a lawful manner, without other restraint than as such equally affects all persons.
Why should restaurant chains with 100 locations nationwide reap the profits of laissez-faire capitalism, while the state clips the wings of chains with 101? Apparently it’s because the Golden State simply fancies some businesses over others.
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