U.S. Appeals Court opinion criticizes SCOTUS precedents that undermine economic freedom

Orin Kerr posts excerpts of the opinion at the Volokh Conspiracy Blog (Judges Brown and Sentelle Urge the Supreme Court to End Rational Basis Review of Economic Regulations): America’s cowboy capitalism was long ago disarmed by a democratic process increasingly dominated by powerful groups with economic interests antithetical to competitors and consumers. And the courts, from which the victims of burdensome regulation sought protection, have been negotiating the terms of surrender since the 1930s . . . The hope of correction at the ballot box is purely illusory . . . | Hettinga v. United States