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October 14, 2013

Minnesota Judge Dumps Anti-competitive Law As "Irrational Policy"

More, please.

On Wednesday, Judge John Guthmann ruled in favor of plaintiffs who were challenging an onerous state law requiring funeral homes to install equipment for embalming dead bodies, even when those funeral homes do not use the equipment. The requirement stifles competition and increases prices for consumers by requiring funeral homes to spend $30,000 on unnecessary equipment, the plaintiffs in the case argued.

In striking down the embalming room requirement, Guthmann said it “constitutes an irrational exercise of the state’s police power” and violates the state constitution.

The state's own experts admitted at trial (how could they not?) that embalming equipment that never gets used has no role in public safety.


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posted by Gabriel Malor at 11:00 AM

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