Case 17.1 Monks, Caskets, and the Supreme Court The Louisiana State Board of Embalmers and Funeral..


Case 17.1

Monks, Caskets, and the Supreme Court

The Louisiana Specify Consultation of Embalmers and Funeral Directors was formed in 1914 to govern embalmers, funeral residences, and funeral guides and to discuss consumer murmurs. The consultation has one consumer representative. The other members all effect in funeral residences (Louisiana State Board of Embalmers & Funeral Directors 2018). Louisiana does not require burials in caskets, nor does it set any standards for caskets. Buying a casket online is accurately legitimate. Nonetheless, Louisiana reported it a felony to sell “funeral merchandise” outside a funeral guide’s permit (Institute for Justice 2018). The prelates of Louisiana’s Saint Joseph Abbey feel to effect to support it. After a compute of inquiries from consumers, they resolute to sell the cypress caskets in which Saint Joseph Abbey has hanker buried its dull. A funeral guide filed a murmur arguing that “illegitimate thirdparty casket sales settle funeral residences in an adverse posture after a while families” (Institute for Justice 2018). The Louisiana Specify Consultation of Embalmers & Funeral Directors moved to intercept the prelates from selling caskets. To coalesce the consultation’s standards, each prelate would feel to acquire 30 hours of propaganda security and apprentice for a year at a permitd funeral residence. None of the skills thus gained would be related to coffin structure.

After irresolute to get the law changed because of opposture from the funeral diligence, the abbey sued the consultation. The abbey won in the bounds seek in 2011 and in the US Fifth Circuit Seek of Appeals in 2013. In its of-one-mind judgment, the Circuit Seek said, “The great deference due specify economic decision does not require juridical blindness to the truth of a challenged government or the texture of its election nor does it require seeks to recognize witless explanations for decision” (Institute for Justice 2018). The US Supreme Seek uncommon a supplication for resurvey, so the Circuit Court’s predominant stands (Institute for Justice 2018).

Discussion Questions

• Why were funeral guides so unanalogous to the prelates making

caskets?

• Why would licensing casket makers be a good effect?

• How does licensing casket makers protect the social?

• Does your specify permit funeral directors?

• In a specify that permits funeral directors, what is the composture of the consultation?

• Who sits on your specify consultation that governs pharmacy? Medicine? Dentistry?

• Are members of the calling a majority of the consultation?

• Is this contingency an model of regulatory capture?

• Would allowing beginning into the casket market lessen prices?

• Are funerals topic to other anticompetitive laws and decisions?

• In therapeutics, licensure and certification coexist. Is this coexistence exhibit in any other fields?

• How do licensure and certification differ in their protections for illinformed consumers?