Rational Basis Review and Tariffs

I return to Salon today, arguing that rational-basis review presents a serious problem for the current “ad hoc” tariff program. I give a (loud) shout out to the legendary case of St. Joseph Abbey v. Castille, 712 F.3d 215 (5th Cir. 2013), in which a Lousiana regulation that barred monks from making funeral caskets was struck down under rational-basis review.