United States Fourth Circuit

In an Equal Protection, Due Process and Commerce Clause challenge to a state regulation of funeral establishments, judgment for Plaintiffs is reversed, where: 1) the regulation did not unjustifiably burden interstate commerce; and 2) the regulation was not wholly arbitrary and thus survived rational basis scrutiny.

Appellate Information

• Argued 01/27/2009
• Decided 03/27/2009
• Published 03/27/2009

Judges

• Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Clark Neily, Institute for Justice, Arlington, Virginia, for Appellants/Cross-Appellees.  Steven Marshall Sullivan, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellees/Cross-Appellants.   ON BRIEF:  William H. Mellor, Jeffrey T. Rowes, Institute for Justice, Arlington, Virginia, for Appellants/Cross-Appellees.  Douglas F. Gansler, Attorney General of Maryland, Kathleen A. Ellis, Assistant Attorney General, Grant D. Gerber, Assistant Attorney General, Office of the Attorney General of MaryLand, Baltimore, Maryland, for Appellees/Cross-Appellants.