| Venue: | 10th Cir |
| Facts: | Plaintiffs want to sell caskets over the Internet; Oklahoma law requires a license. |
| Posture: | Plaintiffs want declaratory relief, and they sue the members of the Oklahoma State Board of Embalmers and Funeral Directors. |
| Issue: | Does limiting the sale of caskets ot licensed funeral directors violate the Equal Protection clause? |
| Holding: | No. This is hornbook constitutional law. |
| Rule: | Economic issues get plain old rational basis review-- not a very demanding standard. |
| Reasoning: | It's true that the licenses are hard to get, and that this policy may be wasteful and foolish, but that's irrelevant. It's up to the legislature to make these decisions, and we're not going to fall into the trap that the 6th Circuit did by applying scrutiny higher than a plain rational basis standard. |
| Dicta: | The constitution does not guarantee political success. |