United States Tenth Circuit

Plaintiff's challenge of The Oklahoma Funeral Services Licensing Act(FSLA), which provides the regulatory scheme for the funeral industry, is dismissed where intrastate economic protectionism is a legitimate state interest and the FSLA is rationally related to this legitimate end.

Appellate Information

• Decided 08/23/2004
• Published 08/24/2004

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, McKAY, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Clark M. Neily, III, Institute for Justice, Washington, DC (William H. Mellor, Institute for Justice, Washington, DC, and Andrew W. Lester, Lester, Loving & Davies, PC, Edmond, OK, with him on the briefs), appearing for Plaintiffs-Appellants., John C. Eastman, The Claremont Institute Center for Constitutional Jurisprudence, Orange, CA, filed an amicus curiae brief., Deborah J. La Fetra and Timothy Sandefur, Pacific Legal Foundation, Sacramento, CA, filed an amicus curiae brief.


• For Appellees:
  
• Stefan K. Doughty, Assistant Attorney General, Oklahoma City, OK, appearing for Defendants-Appellees.