Is Economic Exclusion a Legitimate State Interest Four Recent.pdf

William Mary Bill of Rights Journal Volume 14 | Issue 3 Article 11 Is Economic Exclusion a Legitimate State Interest? Four Recent Cases Test the Boundaries Timothy Sandefur Repository Citation Timothy Sande ur, Is Economic Exclusion a Leg itimate State Interest? Four Recent Cases Test the Boundaries, 14 Wm. Mary Bill Rts. J. 1023 (2006), /wmborj/ vol14/iss3/11 Copyright c 2006 by the authors. This article is brought to you by the William Mary Law School Scholarship Repository. /wmborj IS ECONOMIC EXCLUSION A LEGITIMATE STATE INTEREST? FOUR RECENT CASES TEST THE BOUNDARIES Timothy Sandefur* INTRODUCTION For most people, economic opportunity defines the American Dream. For centuries, immigrants have struggled to reach the United States for a chance to find a betterjob or open a business to support themselves and their families. Within the United States, Americans have fought to lower barriers, such as racism and sexism, that stand in the way of economic opportunity. Yet many barriers remain. In par- ticular, government regulation has often overwhelmed the right to earn an honest living. Although these regulations are promulgated in the name ofpublic safety and welfare, they often bar the door of opportunity and protect, not the public, but the private interest of established firms seeking to prevent competition from entrepre- 2 neurs. Unfortunately, while previous generations saw economic freedom as a vital * Staff Attorney, Pacific Legal Foundation. J.D. 2002, Chapman University School of Law; B.A. 1998, Hillsdale College. Mr. Sandefur is the lead attorney in the Pacific Legal Foundations Economic Liberty Project. In that c