State v. Lupo

I agree with the majority opinion that the Alabama Interior Design Consumer Protection Act, Act No. 2001-660, Ala. Acts 2001 ("the Act"), is unconstitutional.

I write to express concern over the State's invocation ofWilliamson v. Lee Optical of Oklahoma, 348 U.S. 483,488, 75 S.Ct. 461, 99 L.Ed. 563 (1955):

"The day is gone when this Court uses the Due Process Clause of the Fourteenth Amendment to strike down state laws, regulatory of business and industrial conditions, because they may be unwise, improvident, or out of harmony with a particular school of thought."

The citizens of Alabama expect…