Damon Root on How the Supreme Court Stacked the Deck Against Economic Liberty


When it comes to the protection of individual rights by the U.S. Supreme Court, some rights are more equal than others. If a government regulation infringes on freedom of speech or the right to vote, for example, the Court presumes the law to be unconstitutional and forces the government to justify its actions. But if a government regulation infringes on economic rights, the Court takes the opposite tack, presuming the law to be constitutional and therefore requiring the regulated party to shoulder the burden of proving why the law should be struck down. Senior Editor Damon Root reports on a major federal price-fixing case that highlights this troubling judicial deference to government regulation.