The 10th Circuit is right about the practice but is disgracefully tolerant of treating economic liberty as a plaything of politicians, who should be forbidden from favoring some interests and disfavoring others. The 6th Circuit is correct that government acts illegitimately when it abets "transfer seeking" — the use of laws to transfer wealth from the disfavored to the favored. The Supreme Court, which is supposed to resolve such contradictions among the circuits, should seize the opportunity to correct a 139-year-old error.
Fortunately, immigrants such as Bokhari often remind this nation, which they have embraced, of the national principles that drew them here. Unfortunately, the nation often needs reminding.
George Will's email address is firstname.lastname@example.org.
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