In a bylined article published by The Texas Lawbook, the firm’s David Coale examines how a concurring opinion in the Fifth Circuit focusing on the “right to earn a living” leans into the historical context of constitutional intent but seemingly ignores the principles of modern economics.

The concept of supply-and-demand curves for example – the basic concept behind virtually all economic analysis – did not meaningfully exist until 1890 when Alfred Marshall published his landmark Principles of Economics.

Read David’s article (password-protected) in The Texas Lawbook here.