George Will
Published Jan. 1, 2015
Bruner sued, arguing three things:
that the CON process violates the Constitution's equal protection clause
because it is a "competitors' veto" that favors existing companies
over prospective rivals; that the statute's requirements
("inadequate," "convenience," "necessity") are
unconstitutionally vague; and that the process violates the 14th Amendment's
protections of Americans' "privileges or immunities," including the
right to earn a living.
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