Case Summaries (eNews)

Takings: Rational Basis Review Applies to Deprivation of Work, but Concurrence Suggests that Work is a Fundamental Right

  Golden Glow Tanning Salon, Inc. v. City of Columbus, no. 21-60898 (5th Cir. Nov. 8, 2022). A tanning salon unsuccessfully challenges a COVID shutdown mandate on Equal Protection and Takings grounds—but the concurrence argues that work is a fundamental unenumerated right and implies that the Supreme Court should apply strict scrutiny to governmental acts which deprive one of the right to earn a livelihood.       Background In March 2020, after the Governor of Mississippi declared a state of emergency in response to the Covid-19 pandemic, Columbus,...