If the law is challenged, judges will probably conclude that there is at least some “rational basis” for it, such as the need to protect fur-bearing animals from overhunting. Nor will it matter that the law bans the sale of fur clothing, but permits the sale of leather items. Such distinctions are also subject only to minimal scrutiny. Nonetheless, the debate over this case and others like it could help increase public awareness of the need to enforce constitutional protections for economic liberty.
September 26, 2011
Only in Ilya Somin's dreams: