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The 6th Circuit Court of appeals has upheld the district court opinion in Craigmiles v. Giles. It was required by law for coffin retailers to have a funeral director's liscense — essentially requiring them to become morticians — in order to sell a coffin. The Institute for Justice sued, saying the law denied coffin makers the ability to pursue their livelihood. The court ruled in favor of the Institute, but the State appealed.
John Eastman, Director of the Center for Constitutional Jurisprudence, with the help of Timothy Sandefur, a College of Public Interest Law Fellow at the Pacific Legal Foundation, submitted an amicus brief arguing that the Fourteenth Amendment, in this case, protects the right to earn a living. The 6th Circuit Court has ruled in favor of the original ruling, and in agreement with the Claremont Institute Brief.
Go to:
- Claremont Institute Amicus Brief in the case of Craigmiles v. Giles (pdf)
- Opinion of the 6th Circuit Court, ruling in favor of the Claremont Institute Brief
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