Don’t Thread on Me

The Texas Supreme Court’s 2015 decision in Patel v. Texas Department of Licensing and Regulation (link no longer available), striking down a state law requiring at least 750 hours of training in order to perform commercial “eyebrow threading”—a form of hair removal mainly performed in South Asian and Middle Eastern communities—has generated substantial notoriety for the court and for the Institute for Justice, which brought the lawsuit challenging the law.

Patel drew notice from libertarian legal scholars for “reinvigorating ‘substantive due process,’” and “rejecting the Lochner bogeyman.” Reason’s Damon Root called Justice Don Willett’s concurring opinion “the most libertarian legal opinion ever written.” And University of Tennessee law professor Glenn Harlan Reynolds, proprietor of the Instapundit website, lauded the Institute for Justice in USA Today for its work challenging excessive occupational licensing regulations.

My present inquiry is simply whether the various opinions in Patel are sound from a doctrinal or “originalist” perspective—did the court correctly apply the relevant law?

Read More at Law And Liberty

  • “Mark Pulliam is one of the few truly fearless, devastatingly incisive, original and yet deeply learned commentators on the contemporary legal scene.  His new blog is a welcome addition and a splendid and provocative resource.”
    Professor Stephen B. Presser
    Raoul Berger Professor of Legal History Emeritus, Northwestern University School of Law
  • “Mark Pulliam is the Walt Longmire of legal conservatism. You don't want to be on the wrong end of his pen. His commentary on law, politics, and policy is not to be missed.”
    Richard Reinsch II
    Director of Law and Liberty, Liberty Fund, Inc.
  • “Mark's blistering criticism of the foibles of the lawyering class and crackpot judges is a worthy penance for a recovering attorney. And it is our gain.”
    Michael Thompson
    Shareholder, Wright & Greenhill, P.C.
  • “Maybe this man’s degree is written in crayon."
    StupidEvilBastard.com
    StupidEvilBastard.com
  • “With the flourish of a pen, Mark Pulliam makes bad guys rhetorically bleed and weak guys physically cringe. It's awesome.”
    Michael Quinn Sullivan
    President & CEO, Empower Texans
  • "Mark Pulliam, writer and thinker extraordinaire, has a new blog. Make sure to visit and register. Mark Pulliam's new blog is a thing of wit and intelligence."
    Bradley J. Birzer
    Professor of History, Hillsdale College, President of the American Ideas Institute, and editor at large of The Imaginative Conservative
Featured In

Sign up for updates

Get the latest updates, news, and alerts directly from the source.
We promise, we don't spam.

Featured Tweets

Our homeland won’t be secure if this sleazy leftist globalist is confirmed. https://t.co/jglGM7IJ6Q
- Friday Dec 4 - 1:25pm