Cases

 
 

Institute for Justice Client Abbot Brown

   
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Saint Joseph Abbey, et al. v. Castille, et al.
Challenging Louisiana's Casket Cartel

Can the government restrict economic liberty just to enrich a group of politically favored insiders?

That’s the question the Institute for Justice and its client, Saint Joseph Abbey of St. Benedict, La., have taken to federal court in challenging the constitutionality of Louisiana’s outrageous requirement that the monks of the Abbey must be licensed as funeral directors and convert their monastery into a licensed funeral home in order to sell their handmade wooden casket.

Under Louisiana law, it is a crime for anyone but a licensed funeral director to sell “funeral merchandise,” which includes caskets. To sell caskets legally, the monks would have to abandon their calling for one full year to apprentice at a licensed funeral home, learn unnecessary skills and take a funeral industry test. They would also have to convert their monastery into a “funeral establishment” by, among other things, installing equipment for embalming human remains.

On August 12, 2010, the Institute for Justice teamed up with the monks of Saint Joseph Abbey to file a federal constitutional lawsuit in the U.S. District Court for the Eastern District of Louisiana to vindicate their right to earn an honest living. In a time of 10 percent unemployment and widespread economic pessimism, this case raises one of today’s most important constitutional questions: May the government restrict economic liberty just to enrich a group of politically favored insiders such as licensed funeral directors?

One of the freedoms we enjoy as Americans is the right to earn an honest living in the occupation of our choice without arbitrary government interference. Louisiana’s casket licensing law violates that right.

 

 

Essential Background

 

Images

Backgrounder: Free the Monks and Free Enterprise: Challenging Louisiana’s Casket Cartel

  Client Video
 

Client Photos

Launch Release: Free the Monks and Free Enterprise: Challenging Louisiana’s Casket Cartel (August 12, 2010) 
  Case Cartoon
 

Latest Release: Louisiana Monks Win Casket Case (July 21, 2011)

 

Legal Briefs and Decisions

 

Download: Complaint (pdf)

 

 


Download: Opinion (pdf)

Case Timeline

Filed Lawsuit: 


August 12, 2010

Court Filed:

 

U.S District Court for the Eastern District Court of Louisiana

Decision(s):

 

Victory

 Current Court:   U.S District Court for the Eastern District Court of Louisiana

  Status:


none available
  Next Key Date:  

none available

     

Additional Releases

 

Maps, Charts and Facts

Release: Free the Monks:  Federal Court Denies Motion to Dismiss Casket Case (April 11, 2011)

 

none available

Release: Louisiana Monks Bring Casket Sales Challenge to Federal Court (June 3, 2011)    
   

Op-eds, News Articles and Links

Article: St. Joseph Abbey monks suing for right to sell caskets scheduled to go to trial Monday; Nola.com (June 1, 2011)

Article: Free the Monks and Free Enterprise; Liberty & Law (October 2010)

Article: Coffins Made With Brotherly Love Have Undertakers Throwing Dirt Wall Street Journal (August 25, 2010)

Video: Fox 8: Monks head to court to keep building coffins; WVUE- FOX (August 16, 2010)

Video: WDSU-6 NBC: Northshore monk sue state over casket business; WDSU-NBC (August 16, 2010)

Video: Challenging Louisiana's Casket Cartel in Federal Court - Press Conference; (August 13, 2010)

Article: St. Joseph Abbey's monks battle state funeral industry regulators for right to sell caskets Times Picayune (August 13, 2010)

Video: Free the Monks and Free Enterprise; (August 12, 2010)

Article: Benedictine monks suing Louisiana regulators over casket sales Times Picayune (August 12, 2010)



Op-ed: In defense of monks and free enterprise USA Today (August 12, 2010)
    Article: North Shore monks suing to sell hand-made caskets New Orleans City Business (August 12, 2010)
    Article: State Goes After Monks for the "Sin" of Selling Caskets National Catholic Register (August 12, 2010)
    Op-ed: Free the monks, free entrepreneurs nationwide The Daily Caller (August 12, 2010)
    Op-ed: Licensing Gone Wild: Monks Face Jail for Selling Caskets Big Government (August 12, 2010)

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