Brown v. Hovatter , 561 F.3d 357 ( 2009 )

SHEDD, Circuit Judge,

concurring:

I concur in the judgment reached by the majority. As to the dormant Commerce Clause issue, I concur to the extent that we find “that the Morticians Act’s incidental burden on interstate commerce is not excessive and is justified by the very real benefits of protecting the public health, safety, and welfare by encouraging familiarity of the owner of a funeral business with the day-to-day workings of that business and creating accountability to regulators and to clients.” See Majority Op. at 367-68.