"The announcement came in the form of two federal lawsuits filed by the Retail Industry Leaders Association against the state of Maryland and Suffolk County, New York. At issue are the 'Wal-Mart' laws that both jurisdictions recently passed, which would require a few large companies to pay more for their workers' health care. The lawsuits argue the statutes are 'discriminatory,' which may be the legal understatement of the year since both target only a few employers."I'm not sure if the Supreme Court will find the Wal-Mart laws unconstitutional, but I think such laws should be seen as unconstitutional. Perhaps as violations of equal protection. Perhaps as violations of economic liberty protected by the 9th Amendment. Of course, the Court's copy of the Constitution seems to have a redacted 9th Amendment. So, perhaps the court could follow the lead of Lawrence v. Texas in it's reliance on substantive due proces by returning to the idea that the Due Process Clause broadly protects economic liberty as well.
Tuesday, February 21, 2006