Skip to main content
LIRA@BC Law

Abstract

On March 20, 2013, the U.S. Court of Appeals for the Fifth Circuit in St. Joseph Abbey v. Castille held that the economic protection of a discrete interest group does not constitute a legitimate state interest under rational basis review. In so holding, the court split from the Tenth Circuit, which held the opposite almost a decade earlier. This Comment argues that courts should follow the Fifth Circuit’s decision and deem economic protectionism an illegitimate state interest. Recognizing economic protectionism as a legitimate state interest, as the Tenth Circuit did, is inconsistent with U.S. Supreme Court precedent.

Files

File nameDate UploadedVisibilityFile size
11_Trafton_A1b.pdf
8 Sep 2022
Public
334 kB

Metrics

Metadata

  • Subject
    • Administrative Law

    • Commercial Law

    • Fourteenth Amendment

  • Journal title
    • Boston College Law Review

  • Volume
    • 55

  • Issue
    • 6

  • Pagination
    • E. Supp. 141

  • Date submitted

    8 September 2022