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Mason Professors Cited in Texas Supreme Court Opinion

A concurring opinion in the Texas Supreme Court case of Patel v. Texas Department of Licensing and Regulation cites works by Professors David E. Bernstein and Ilya Somin. Patel v. Texas Department of Licensing and Regulation held that the state constitution requires additional protection as part of the “rational basis” test in determining the constitutionality of economic regulations.

The concurring opinion, authored by Justice Don Willett, cites one work by Bernstein and two by Somin. The cited works include Bernstein’s book Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform and Somin’s article “Borkean Dilemma: Robert Bork and the Tension Between Originalism and Democracy.”