A case has been decided by the Texas Supreme Court under the Texas Constitution which invalidated state regulation of the profession of "eyebrow threaders" - as "preposterous", irrational and unreasonable.
The concurrence in the case reads like a book of aphorisms and blasts the government in mounting unreasonable bars to people who want to earn an honest living.
The court in Texas referred to the recently decided U.S. Supreme Court case North Carolina State Board of Dental Examiners v. Federal Trade Commission and statistical data that provides that 1/3 of workforce in the U.S. must receive some kind of permission from the government, through licensing, certification or other types of permits, to conduct their business, often without any rational basis for it.
Principles announced in the Texas case, same as in the U.S. Supreme Court case, are fully applicable to attorney regulation throughout the country.
I will try to run several blogs in the nearest future, time permitting, with analysis of the decision, dissent and especially the concurring opinion of Judge Willett.
I promise I will run a separate blog just with aphoristic quotations from Judge Willett's decision.
The name of the case is Patel v Texas State Department of Licensing and Regulation.
Am I mistaken or are courts starting to see the light and starting to make rational and fair decisions - finally, after a long span of Dark Ages?
Stay tuned.
No comments:
Post a Comment