Equality of Opportunity in the Regulatory Age: Why Yesterday's Rationality Review Isn't Enough

When entrenched business interests, or any other faction, uses government to prevent competition and protect their own profits, they engage in precisely the behavior that the Equal Protection Clause was intended to prohibit: preferring one group over another on some basis other than individual merit. Because of this, the author argues that courts should employ a skeptical scrutiny to the inequalities caused or maintained by government regulation and protect the equal right of all Americans to pursue happiness.