Holiday Alaska, Inc. v. State, Division of Corporations, Business & Professional Licensing

I agree with the result the court reaches today. But I write separately to emphasize my continuing disagreement with the court's suggestion that the statute satisfies due process because clerks have a "significant motivation" to contest a fine of $300.1

I joined Justice Matthews's dissent in God-frey because I believed that the previous version of the statute at issue denied licensees due process. In particular, I disagreed with the court's reasoning that store clerks had "ample incentive to defend themselves." 2 In my view, the potential fines, which were not accompanied by any risk of legal…