Archive for the ‘Regulatory Studies’ Category
Obama’s Constitutional Gamble on Consumer Finance Nomination
President Obama is announcing today that despite the fact that the Senate is not in recess, he’s going to recess appoint Richard Cordray to be the head of the Consumer Financial Protection Bureau (CFPB), created under the Dodd-Frank Act.
Of course the President is actually claiming that the Senate isn’t in session and that its “pro forma” sessions are just a “gimmick”. Funny I don’t remember then Senator Obama complaining about gimmicks when the Senate used the sames tactics to block Bush recess appointments. But then again this is the guy who signs a bill allowing indefinite detention of American citizens after having campaigned on shutting down Guantanamo. Only a former constitutional law professor could be so creative with the Constitution.
More importantly the “recess” appointment of Cordray doesn’t solve the President’s problem. The Dodd-Frank Act is very clear, even a law professor can probably understand this section, that authorities under the Act remain with the Treasury Secretary until the Director is “confirmed by the Senate”. A recess appointment is not a Senate confirmation. Now don’t ask me why Dodd and Frank included such unusual language, they could have just given the Bureau the new authorities, but they didn’t. So even with this appointment, the CFPB won’t be able to go after all those non-banks, like the pay-day lenders and check-cashiers that caused the financial crisis (oh wait, those industries didn’t have anything to do with the crisis).
This appointment also guarantees that Obama, even if he gets a second term, is unlikely to ever get a CFPB Director past the Senate. Maybe not such a big deal for Cordray since the rumor has always been this is just a political stepping stone so he can go back to Ohio and run for office. The real harm is that Obama has decided to take a gamble with the Constitution, risk the further erosion of the Senate’s advise and consent powers, solely to have another campaign issue. So he can try to paint Republicans as captive to Wall Street, all despite the fact the new agency exempts Wall Street (who will continue under the ever effective oversight of the SEC). Maybe he can have Geithner and the various Goldman alum in the Administration stand next to him to help remind us how hard he is fighting for the middle class.
Enforcing Housing Codes Is Not Racist
The federal Fair Housing Act makes it unlawful “[t]o refuse to sell or rent after the making of a bona fide offer . . . or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin.” Magner v. Gallagher addresses the question of whether the FHA’s ban on racial discrimination can be violated by someone who does not actually engage in racial discrimination: Owners of rental properties in St. Paul, Minnesota brought this suit claiming that the city’s enforcement of its housing code — ensuring that rental units were safe and otherwise habitable — violated the FHA because the repairs and maintenance necessary to comply with the code would increase rents and price out many of their African-American tenants.
Unable to show that the housing code intentionally discriminated based on race, however, the owners argued — and the Eighth Circuit Court of Appeals accepted — a “disparate impact” theory under which a plaintiff need only show that an otherwise neutral practice has a disproportionate effect on some racial group. Cato has now joined the Pacific Legal Foundation, the Center for Equal Opportunity, and the Competitive Enterprise Institute on an amicus brief supporting the city’s request for Supreme Court review and arguing that the statutory language and congressional intent of the FHA preclude disparate impact claims.
We argue that extending such claims to the FHA “would deeply intrude on the authority of state and local governments, and render much of their housing policies illegal,” and “would inappropriately alter the federal-state balance in far-reaching ways.” Indeed, disparate impact claims would preclude all institutions subject to the FHA — public and private — from implementing many practical policies. For example, “because [the FHA] applies to financial institutions, banks and mortgage companies would be pressured to provide loans to unqualified applicants in order to avoid disparate impact liability. Similar actions played a key role in triggering the mortgage crisis of 2007-2008.”
Moreover, the disparate impact doctrine directly conflicts with the Fourteenth Amendment’s equal protection guarantees by forcing government agencies “to engage in unconstitutional race-conscious decision making” in order to avoid liability under the Act. In short, allowing disparate impact claims under the FHA would both lead to adverse economic consequences and create new constitutional tensions.
The Supreme Court will hear Magner v. Gallagher on Feb. 29.
Do Free Markets Tend Toward Concentration? The Case of Banking
Perhaps the most significant difference between my own views and those of my progressive friends is on the relationship between business and government, especially “big business”. I’ve on more than one occasion heard that government needs to be there to off-set the power of big business. That without government, corporations would just continue to grow. Well to me that sounds like an empirical question.
Thanks to the Economic Freedom of the World report, we have some good indicators of just how free-market oriented a country is. What we need are measures of concentration. Unfortunately, these are a little harder to come by. Fortunately, the Office of the Comptroller of the Currency (OCC) did a survey about a decade ago (1999), the data for which are reported in Barth, Caprio, and Levine’s Rethinking Bank Regulation. The measure of concentration is the percent of deposits accounted for by the five largest banks. One could argue for a better measure, but it’s all we have.
The results? It would appear that the freer an economy, the less concentrated its banking system. The chart below offers a scatter diagram, along with a regression line. The vertical Y axis measures concentration and the X axis economic freedom (the higher the number, the freer the economy). Admittedly, the relationship is not a strong one, with a correlation of only -0.11, but it is negative. If anyone knows of comparable measures for other industries, I would encourage them to either send me the data or reproduce this analysis for other industries.
Is Income Inequality Increasing? Only If You Don’t Count Health Benefits
Income inequality is not so much a problem as income opacity.
In the latest issue of Regulation magazine, editor Peter Van Doren reviews two recent studies that find income inequality is not increasing:
While it is true that the cash explicitly paid to employees has become more unequal over the last generation, the implication that labor markets are not working well and that government should alter labor market outcomes does not necessarily follow. A more benign explanation for the change in cash compensation over a generation is the dramatic increase in health insurance costs. Employers may be paying all their employees a more or less equivalent increase on a percentage basis, but for lower-paid workers much of that pay is not showing up in cash. Thus, if this view is correct, inequality in the cash component of compensation has increased while inequality in total compensation has not increased because the fixed costs of health insurance are a much larger percentage of the total compensation of lower-earnings workers…
If one analyzes data on only working-age individuals (age 25–61), inflation-adjusted real pre-tax, post-cash-transfer money income grew 1.9 percent and 10.5 percent respectively for the first (poorest) and 10th (richest) deciles from 1995 to 2008. But if one adds the value of health insurance, the first (poorest) decile grew 12.3 percent while the top decile grew 11.7 percent.
[T]he growth in compensation by earnings decile (from the 30th to the 99th) averages 35 percent [from 1999 to 2006], with 41 percent growth at the 30th percentile (workers earning $10–$14 an hour) and only 35.8 percent growth at the 99th percentile (workers earning $59–$80 an hour).
Because expenditures on health care are increasing so rapidly and because so much of the cost of health care is paid for by employers or government, discussions about rising inequality that only consider cash income provide a misleading view of trends in inequality. When health insurance expenditures are added to household cash income, the increases in inequality from 1995 to 2008 are completely offset.
In brief: government intervenes in labor and health care markets; advocates of those interventions use the resulting income opacity to argue that markets are defective.
Filed under: General; Health Care; Regulatory Studies; Tax and Budget Policy
The IRS Can’t Overrule the Supreme Court
Since the foundational administrative law case of Chevron v. Natural Resources Defense Council (1984), courts have given significant deference to executive agency interpretations of federal law. United States v. Home Concrete & Supply tests whether there are any meaningful limits on such deference.
The case involves a group of taxpayers who initiated a number of transactions designed to reduce their tax liability by allowing a financial entity they created, Home Concrete, to increase its tax basis and reduce its taxable gain from the sale of certain assets. In June 2003, the IRS ruled that the taxpayers’ use of Home Concrete in this way was improper and issued an adjustment to their tax return (requiring payment of back-taxes). Having missed the standard three-year limit for such actions, however, the IRS argued that the adjustment was timely under a tax-code provision that extends the statute of limitations to six years if the taxpayer “omits from gross income an amount properly includible therein which is in excess of 25 percent of the amount of gross income stated in the return.”
Despite the Supreme Court’s having long ago held otherwise, Colony v. Commissioner of Internal Revenue (1956), the IRS argues that an overstatement of basis qualifies as an omission under that tax provision. Further, during the course of this litigation, the Treasury Department issued a new regulation “clarifying” the provision in a way that supports the IRS’s argument. The IRS now argues that this new regulation is controlling and should be retroactively applied to Home Concrete’s 1999 returns.
After (mostly) winning at the district court, the IRS lost before the Fourth Circuit and asked the Supreme Court to review the case—which involves one of many similar applications of the relevant tax provisions. The Court took the case and now Cato has joined the National Federation of Independent Business on an amicus brief supporting the taxpayers, arguing that sanctioning this sort of ad hoc rule-making would undermine the rule of law and the separation of powers.
We note that “[t]he government’s position is that this regulation is due judicial deference” but the Supreme Court has “consistently held that where a statute has an unambiguous meaning, an agency’s contrary interpretation is not entitled to deference.” As Judge J. Harvie Wilkinson noted in his Fourth Circuit concurrence, “agencies are not a law unto themselves” and the government’s position in this case “seems to [be] something of an inversion of the universe and to pass the point where the beneficial application of agency expertise gives way to a lack of accountability and a risk of arbitrariness.”
In deciding Chevron, the Supreme Court surely never intended to undermine the very structure of the Republic and unleash an administrative state wholly a law unto itself.
The Supreme Court will hear United States v. Home Cincrete & Supply on January 17.
NTSB Misled Public On Cellphone ‘Toll’
Last week, in calling for a ban on even handsfree cellphone use behind the wheel, National Transportation Safety Board chief Deborah A.P. Hersman denounced “talking, texting and driving” and said:
it’s what happened to more than 3,000 people last year. Lives lost. In the blink of an eye. In the typing of a text. In the push of a send button.
Columnist Mona Charen:
Is that true? No. In a detailed report on distracted driving issued earlier this year, the National Highway Traffic Safety Administration found that only 995 deaths resulted from distraction by cell phones in 2010. The 3,000-person figure refers to all distracted driving.
It’s true that the problem of driver distraction due to cellphones (and radios, and other passengers, and the need to fish quarters out of one’s pocket approaching a toll booth) is a real one worth the attention of (mostly local and state) road operators. It’s also true, as columnist Charen notes, that overall highway deaths have been dropping steadily, from 44,599 in 1990 to 32,885 in 2010, even though there are now more licensed drivers and cars on the road, and of course vastly more phones. That’s no “epidemic.”
I round up some other voices at Overlawyered, including Cato’s own Radley Balko two years ago, Ira Stoll (per the Insurance Institute for Highway Safety, quoted on NPR, “states with cellphone bans have seen no real decrease in accident rates”) Marc Scribner at CEI (even bans on texting don’t seem to have worked as intended), and Instapundit Glenn Reynolds at Popular Mechanics (texting by the at-fault underage driver in the catastrophic Missouri crash was already illegal; and NTSB “seems to have deliberately downplayed” “more mundane causes” that contributed to that crash).
On this last, by the way, the NTSB’s own mission statement describes the board’s primary function as “determining the probable cause of transportation accidents” with “independence and objectivity.” If instead its leaders mislead the public about accident causes, and forsake their independence in exchange for a cheerleading role in DoT campaigns, one has to ask: is the board worth keeping?
RIP Christopher Hitchens
Christopher Hitchens, a man of great passions and great talents, perhaps the greatest essayist of our age, has died. Among his lesser-known works was a Cato Institute talk, “Mayor Bloomberg’s Nanny State,” delivered at a seminar in New York City on December 10, 2004.
Ten years before that, in his still-thoroughly-leftist era, he offered us this backhanded compliment in the Nation of December 12, 1994:
During the lunacy of the Reagan period, I was impressed by how often it was the Cato Institute that held the sane meeting or published the thoughtful position paper.
Herewith “Mayor Bloomberg’s Nanny State”:
I often take the train from Washington, D.C., to New York and back. A few years ago they put the smoking car on the end of the train so nonsmokers wouldn’t have to go through it to get to other parts of the train. And then the day came when they said, “We’re taking that car off the train altogether.” And I thought, “Now we’ve crossed a small but important line.” It’s the difference between protecting nonsmokers and state-sponsored behavior modification for smokers.
And I thought there was insufficient alarm at the ease with which that was done. Because state behavior modification, no matter what its object, should be viewed skeptically at the very least. There’s serious danger in the imposition of uniformity—the suggestion that one size must fit all.
When the complete ban on smoking in all public places was enacted in California, I called up the assemblyman who wrote the legislation and I said: “I’ve just discovered that bars are not going to be able to turn themselves into a club for the evening and charge a buck for admission for people who want to have a cigarette. You won’t be able to have a private club. You won’t even be able to have a smoke-easy, if you will, in California.”
And he said, “That’s right.”
I said, “Well, how can you possibly justify that?”
Feds Want To Ban Phone Use — Even Hands-Free — While Driving
For quite a while Obama transportation officials have been campaigning against the safety hazard of “distracted driving,” but they must regard the American public as slow learners, because now the National Transportation Safety Board (NTSB) is proposing something truly radical: a ban on drivers’ use of cellphones and other personal electronic devices even when they’re hands-free and thus don’t require taking anyone’s eyes or hands off the road or steering wheel. The only exceptions the agency would permit would be “emergency” phone use and “devices designed to assist the driving task,” such as GPS devices. NTSB chairman Deborah Hersman said the problem is “cognitive” distractions as well as the “visual” and “manual” kind. The agency cannot adopt such a ban directly, but it’s calling on the states to fall into line and to enlist in a campaign of “high-visibility enforcement.”
And there’s more. NTSB is also, to quote PC World, “encouraging electronics manufacturers — via recommendations to the CTIA-The Wireless Association and the Consumer Electronics Association — to develop features that ‘disable the functions of portable electronic devices within reach of the driver when a vehicle is in motion.’” In the perfect Nannyland of the future, your phone will turn itself off when the government wants it to — even if you were in the middle of placing one of those emergency calls (“Honey, get out of the house, the flood waters are rising”) that will supposedly still be permitted.
Tech commentators are blasting the agency for jumping the gun on the evidence, to say nothing of ignoring values of personal liberty. A PC Magazine writer points out that while there is a safety case to be made against texting behind the wheel — a practice that encourages the driver to look away from the road for extended periods — the NTSB is short of statistics (as opposed to scary anecdotes) to show that phone conversation itself is a dire problem. Ars Technica notes that even the board’s own (disputable) statistics link the hazards of “conversation with passengers” to more than twice as many fatal accidents as the hazards of device use — and no one has yet proposed banning passenger conversations with the driver. (Don’t give Washington ideas, though.) Among devices, the sort of touch-screen car entertainment systems that you can fiddle with for ten seconds at a stretch — which are apparently okay with NTSB — would seem to pose considerably more distraction than one-button phone-answering. And speaking of statistics, the Federal Highway Administration website reports the lowest per-mile auto fatality rate ever, and the lowest in absolute numbers since the year 1950 — even though, to quote the NTSB itself, device use has seen “exponential growth” in the past few years.
Something doesn’t add up here. Commercial drivers, since the early-1980s CB radio craze and long before, have been using mobile communications for purposes other than emergencies and driving assistance, and their safety record is not notably atrocious. Hang up on this bad idea now, please.
Citizens! Do You Know the Source of Your Honey?
Some disturbing news indeed reached my inbox today (HT: David Boaz). Apparently honey is entering the United States under assumed identities. Chinese honey, once ubiquitous, was largely shut out of the American market through anti-dumping measures. So, this article from NPR.org alleges, it started to be sold through a third country (perhaps Indonesia, Thailand, or Malaysia) and was falsely labelled to evade the duties. (Apparently we know this because the honey can be tested for peculiar types of pollen.) The U.S. government wasn’t having any of that of course, and so they held up suspicious shipments through regulations, inspections, and documentary requirements. So now the Chinese honey is allegedly being sold through India.
The domestic honey industry is now starting to worry that all of this nefarious, subversive honey-related activity will suppress the market for all types of honey, including their own, and are starting a fair trade-esque system called True Source Honey, which will trace the honey to a proper, ‘merican source. None of that Chinese muck.
Eric Wenger is president of True Source Honey. Soon, he’s going to Vietnam to help with the first audit of a Vietnamese honey exporter.
“The question we want to answer is: Does that exporter only purchase honey from beekeepers in that country?” he says.
The exporter will give the True Source auditor a list of the beekeepers from whom it buys honey. “Then the auditor will randomly select a number of those beekeepers, go out to that beekeeper’s apiary, and evaluate the capacity of that beekeeper to produce the volume that that exporter claimed was purchased and shipped,” says Wenger.
If everything checks out, that exporter is certified. But even after that, True Source will take samples from every shipment of honey and send those samples to a lab in Germany to see if the pollen matches the flowers that are actually blooming in Vietnam.
True Source wants to expand this system globally. One exporter in India is already certified.
Jill Clark, from Dutch Gold Honey, says these sorts of audited, verified supply chains are getting more common throughout the food business. In some cases, governments are requiring it.
“With all the food safety and food security issues, knowing where your food comes from right now is incredibly important,” she says.
Shouldn’t consumers be the ones to decide that? Removing the anti-dumping duties and discriminatory regulations will reduce the incentive for Chinese honey to be labelled falsely, and then we can decide for ourselves what is “incredibly important.” Or maybe we don’t care, and True Source will be a massive flop.
On a positive note, there are an encouraging number of libertarian comments to the article.
Four More Things Washington Shouldn’t Do
Today AEI’s Rick Hess and Stanford’s Linda Darling-Hammond—two folks who don’t always see eye to eye—have a New York Times op-ed that decries federal micromanagement in education, then lays out four things they think Washington should do.
If only they’d stopped at lamenting micromanagement.
Let’s take their four should-do’s in order:
First is encouraging transparency for school performance and spending. For all its flaws, No Child Left Behind’s main contribution is that it pushed states to measure and report achievement for all students annually….To track achievement, states should be required to link their assessments to the National Assessment of Educational Progress (or to adopt a similar multistate assessment). To shed light on equity and cost-effectiveness, states should be required to report school- and district-level spending…
This sounds great, but the key is in the doing, and there is precious little evidence Washington can force real transparency. NCLB is exhibit A: Yes, the law required states to break out data for all students and numerous subgroups, but the underlying information was essentially a lie, with states setting very low performance thresholds and calling it “proficiency.” And despite what many NCLB supporters will tell you, when you break down NAEP data—as I have done—there is little support for the notion that traditionally underperforming groups, or anyone else, have done better with NCLB than without it.
How about requiring common standards, both for academics and spending?
Even if you started with excellent, challenging academic standards, they would quickly be gutted at the behest of teacher unions, administrator associations, and probably even parents if many kids and schools didn’t meet them and were punished as a result. We’ve seen it many times, and there’s nothing about being federal that inoculates government against concentrated benefits and diffuse costs; the people most directly effected by a policy having the greatest political power over it. And financial data? As Adam Schaeffer has found, there are countless ways to hide the truth about district finances, and there’s little reason to believe that Washington will be either willing or able to sustainably force clarity.
One last thing: Where in the Constitution is the federal government authorized to demand “transparency”? Nowhere.
Second is ensuring that basic constitutional protections are respected. No Child Left Behind required states to “disaggregate” assessment results to illuminate how disadvantaged or vulnerable populations…were doing. Enforcing civil rights laws and ensuring that dollars intended for low-income students and students with disabilities are spent accordingly have been parts of the Education Department’s mandate since its creation in 1979.
Here there’s a slight connection to the Constitution: under the Fourteenth Amendment Washington has the duty to ensure that states and districts do not discriminate. But the presumption underlying what Darling-Hammond and Hess argue—that test data can reveal discrimination—is dubious. Can and should disparities in group scores really be laid exclusively at the feet of schools, districts, and states? Aren’t myriad factors involved in academic outcomes, many of which are outside the control of government?
Third is supporting basic research. While the private market can produce applied research that can be put to profitable use, it tends to underinvest in research that asks fundamental questions. When it comes to brain science, language acquisition or the impact of computer-assisted tutoring, federal financing for reliable research is essential.
We hear this one a lot, and in theory it makes some sense: people won’t risk their money on research that has no discernable payoff. The problem is few people ever contemplate the full cost of government funding “basic” research, or the unintended consequences.
The main concern is that putting money into things with no discernable payoff might yield just that—no payoff. So we hear about successes—government got us to the moon!—but rarely about how much has been lost in failed efforts. People don’t shy away from funding basic research just because they’re shortsighted. It’s also because they factor in risk.
Then there’s this: while we would like to think that all scientists are superhumanly selfless, they are not. They are as self-interested as the rest of us. Perhaps that’s why Austan Goolsbee—yes, Obama administration Austan Goolsbee—found in 1998 that much government R&D funding translated not into more breakthroughs, but higher wages for researchers.
Revised DSM-5 Could Open Up Wider Legal Claims
The American Psychiatric Association is revising its highly influential Diagnostic and Statistical Manual, currently known as DSM-IV (the fifth version will be “DSM-V” or, since a switch to Arabic numbering is planned, “DSM-5″). Nearly 8,000 persons have signed a petition, sponsored by the Society for Humanistic Psychology, Division 32 of the American Psychological Association, which challenges the revision’s proposed widening of the definitions of mental disorder. The letter associated with the petition warns that the revision proposes to lower diagnostic thresholds for many categories of disorder without good reason, as well as introducing new constructs such as “Internet Addiction Disorder” that have “no basis in the empirical literature.” The expansion could lead to inappropriate medical treatment as well as other ill effects.
David Foley at Labor Related spells out some of the legal implications for the workplace:
Among others, the changes in the DSM-V could impact Americans with Disabilities Act claims (is the plaintiff disabled, what is a reasonable accommodation, etc), Family Medical Leave Act claims (does plaintiff suffer from a serious illness) and workers compensation laws (does plaintiff have an illness and was it caused by work).
Introducing a new category of Mild Neurocognitive Disorder, for example, could entitle workers to begin claiming job-related accommodation for cognitive deficits often associated with advancing age — perhaps especially significant since federal law has made it unlawful for most private employers to set policies of automatic retirement at any particular age. As Foley notes, the task force is also planning to reduce the diagnostic threshold for two disabilities that generate many ADA claims already: Attention Deficit Disorder and Generalized Anxiety Disorder.
Employers already face serious legal risks under existing law if they decline to accommodate employees with mental and behavioral deficits (which may include substance abuse, at least if the worker has entered rehab). As I noted the other day at Overlawyered, a hotel chain has agreed to pay $132,500 for dismissing an autistic front desk clerk rather than working with a state-paid “job coach” to remedy his deficiencies. The EEOC sued an insurance company that rescinded a job offer as an agent to an applicant after he tested positive for methadone. An Iowa jury awarded $1.1 million against a university for failing to accommodate an employee’s request for a lighter work load and other changes after she was diagnosed with depression, post-traumatic stress disorder and anxiety. And HR lawyers have warned employers that administering personality tests to new workers could violate the law by improperly revealing protected conditions such as “paranoid personality disorder.”
Earlier posts on the ADA and mental/behavioral deficits here (trucking firm sued for avoiding drivers with drinking history), here and here.
Should You Need a License to Help Someone Find an Apartment?
Kansas City Premier Apartments v. Missouri Real Estate Commission is quite similar to the occupational licensing case of Locke v. Shore, in which Cato also recently filed a brief, except that the speech-licensing regulation here concerns not artistic expression but rather the dissemination of consumer-demanded commercial information — specifically, rental property listings that are free to the public.
The Missouri Real Estate Commission, acting on a complaint by a licensed realtor, decided that Kansas City Premier Apartments, which provides local rental listings, was acting as an unlicensed real estate broker and was therefore subject to fine and even criminal prosecution. (Before KCPA began operations, it had asked the Commission whether it needed a license and did not receive a clear answer other than that it was a “grey area” of law.)
KCPA challenged the Commission’s decision on First Amendment grounds, but the trial court found it to be constitutional without giving a reason for its conclusion. The Missouri Supreme Court affirmed the trial court after simply presuming the constitutionality of the speech restriction — contrary to the U.S. Supreme Court holding in Bolger v. Youngs Drug Products Corp. that “[t]he party seeking to uphold a restriction on commercial speech carries the burden of justifying it” — and placing the burden of proving unconstitutionality on KCPA.
Cato has now joined the Pacific Legal Foundation on a brief supporting KCPA’s request that the U.S. Supreme Court hear the case. Our brief notes that “this case combines the nationally important commercial speech issue with the equally nationally important question of the extent to which the Constitution tolerates occupational licensing.” We explain the difficulties that the Court’s “commercial speech doctrine” has caused and argue for a movement toward greater protection for collective and commercial speech, and away from a confusing four-part test established in a 1980 case called Central Hudson.
As in Locke, this latest case raises the question of whether occupational licensing schemes that have an effect on speech are constitutional. Also as in Locke, an infinite array of professionals and ordinary people could get caught up in this regulation, including even a friend helping another friend find an apartment.
Beyond the technical legal points, the case implicates broader policy issues such as the right to earn a living and the impact that speech monopolies have on consumers. Indeed, the consumer impact may be even more apparent here than in other occupational licensing cases because so many people struggle to find affordable apartments and other rentals in this economy — not to mention over the course of their lives.
The Supreme Court will decide early in the new year whether to hear Kansas City Premier Apartments v. Missouri Real Estate Commission.
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