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
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