Paul A. Stern v. Tarrant County Hospital District v. George J. Luibel

ALVIN B. RUBIN, Circuit Judge,

with whom

CLARK, Chief Judge, POLITZ, TATE, and JOHNSON, Circuit Judges, join dissenting:

The majority opinion refuses to prevent a state agency from discriminating against osteopathic physicians in favor of allopathic physicians in defiance of state law. In so doing, it disregards both the plain language of the fourteenth amendment and the historic reasons for its enactment, for the equal protection clause forbids, and was intended to forbid, a state to purposefully and arbitrarily deny to one class of persons the protection of a state law that it affords to…