Niang v. Carroll

Missouri requires African-style hair braiders to undergo costly (nearly $12,000 on average) and time-intensive cosmetology/barber training (1,500/1,000 hours respectively) that, by the state’s admission, is almost entirely irrelevant to braiding. An unconstitutional restriction on the right to earn a living? The Eighth Circuit says no; officials are free to impose “needless, wasteful” requirements. (This is an IJ case. Another concession not mentioned in the opinion: None of the three health and safety issues specific to braiding identified by the state’s experts are addressed by the licensing scheme. See page 12–13.)

Tags: 2018, Economic Liberty, Eighth Circuit, Occupational Licensing

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