Legal protection for economic liberty is surging thanks to two IJ victories this week at the Georgia and Pennsylvania state supreme courts.

Both rulings overturn terrible trial court decisions that would have gutted state constitutional protections for the right of IJ’s clients—and all Georgia and Pennsylvania residents like them—to earn an honest living. In its unanimous decision, the Supreme Court of Georgia affirmed that the Georgia Constitution protects “a right to work in one’s chosen profession free from unreasonable government interference.”

The Pennsylvania high court went even further with respect to its state constitution, citing IJ’s landmark victory in Patel v. Texas Department of Licensing and Regulation to conclude that state licensing laws must bear a “real and substantial relationship” to a legitimate state purpose and cannot be “unreasonable or unduly oppressive.” The Pennsylvania Supreme Court’s decision is particularly important because it adopts a higher standard for the review of economic regulations than the very deferential federal rational basis standard.

These victories are vital stepping stones as IJ challenges licensing laws that would leave hundreds of Georgia lactation consultants jobless and force Pennsylvanians to become licensed realtors just to put vacation homes on Airbnb for a few weeks. More broadly, they are shots across the bow to state government officials who attempt to infringe on people’s right to provide for themselves and their families.

More people are out of work today than at any time in our nation’s recorded history, and IJ’s efforts to clear away barriers that come between Americans and an honest living are urgently needed. These decisions indicate that receptiveness to our economic liberty advocacy is at an all-time high. In the months ahead, IJ will capitalize on this momentum to protect the right of all Americans to earn a living—now and long after the COVID pandemic passes.

Please consider making an online donation to drive IJ’s efforts at this important moment.

Scott

Scott G. Bullock
President and General Counsel
Institute for Justice

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