Louisiana funeral directors want ruling that allows St. Joseph Abbey monks to sell caskets overturned
Abbot Justin Brown looks on as Novices Joseph Eichorn, left and Dustin Bernard move a handmade wooden casket through the woodwork shop on the grounds of St. Joseph Abbey outside of Covington, Thursday, August 12, 2010. (NOLA.com | The Times-Picayune archive)
The Louisiana Board of Embalmers and Funeral Directors has asked the U.S. Supreme Court to overturn federal district and appeals court rulings that allow the St. Joseph Abbey monks to sell their hand-crafted caskets from their St. Tammany Parish monastery near Covington. In a 37-page petition filed Wednesday, the funeral directors said the high court should step in because federal appeals courts have issued different rulings on "economic protectionism."
The filing includes more than 100 pages of supplemental materials, including copies of previous court filings and state definitions of embalming funeral directors.
In a March 20 ruling, the U.S. 5th Circuit Court of Appeals struck down a Louisiana law that limits casket sales to licensed funeral directors at state-licensed funeral homes. The U.S. 10th Circuit Court of Appeals upheld a similar law limiting casket sales in Oklahoma in 2004.
The monks' lawyers previously said the U.S. Supreme Court likely would weigh in on the divided opinion, if the Louisiana board decided to appeal.
The monks' response to the Supreme Court filing is due next month, and the Institute for Justice said the monks would not dispute that the "circuit split" exists. The Institute for Justice, based in Virginia, is representing the monks in this case. "They are prepared to go to the Supreme Court to vindicate their constitutional rights and the right of every American to earn an honest living," the group said in a statement.
The state funeral directors and the St. Joseph Abbey monks have been at legal odds since 2007, when the St. Joseph Abbey established St. Joseph's Woodworks to make and sell caskets to the general public to generate revenue to pay for the medical and educational needs of more than 30 Benedictine monks.
The Louisiana Board of Embalmers and Funeral Directors sent the monks a cease-and-desist letter, citing a state law that says caskets can only be sold to the public by a state-licensed funeral director at a state-licensed funeral home. The group said those in violation of the law could be fined thousands of dollars and be sentenced up to 180 days in prison.
The monks sued the funeral directors in the Eastern District of Louisiana in 2010, asking a federal judge to strike that law down, alleging those laws were meant to establish and preserve a "cartel for the sale of caskets within Louisiana."
U.S. District Judge Stanwood Duval ruled in favor of the St. Joseph Abbey in 2011. The board of funeral directors then appealed to the 5th Circuit Court of Appeals, which upheld Duval's ruling.
"The brothers have been resolute throughout this entire case and they are prepared to take this historic fight to our nation's highest court to protect their rights and the rights of all entrepreneurs," Institute for Justice Senior Attorney Scott Bullock said in a prepared statement.
The filing includes more than 100 pages of supplemental materials, including copies of previous court filings and state definitions of embalming funeral directors.
In a March 20 ruling, the U.S. 5th Circuit Court of Appeals struck down a Louisiana law that limits casket sales to licensed funeral directors at state-licensed funeral homes. The U.S. 10th Circuit Court of Appeals upheld a similar law limiting casket sales in Oklahoma in 2004.
The monks' lawyers previously said the U.S. Supreme Court likely would weigh in on the divided opinion, if the Louisiana board decided to appeal.
The monks' response to the Supreme Court filing is due next month, and the Institute for Justice said the monks would not dispute that the "circuit split" exists. The Institute for Justice, based in Virginia, is representing the monks in this case. "They are prepared to go to the Supreme Court to vindicate their constitutional rights and the right of every American to earn an honest living," the group said in a statement.
The state funeral directors and the St. Joseph Abbey monks have been at legal odds since 2007, when the St. Joseph Abbey established St. Joseph's Woodworks to make and sell caskets to the general public to generate revenue to pay for the medical and educational needs of more than 30 Benedictine monks.
The Louisiana Board of Embalmers and Funeral Directors sent the monks a cease-and-desist letter, citing a state law that says caskets can only be sold to the public by a state-licensed funeral director at a state-licensed funeral home. The group said those in violation of the law could be fined thousands of dollars and be sentenced up to 180 days in prison.
The monks sued the funeral directors in the Eastern District of Louisiana in 2010, asking a federal judge to strike that law down, alleging those laws were meant to establish and preserve a "cartel for the sale of caskets within Louisiana."
U.S. District Judge Stanwood Duval ruled in favor of the St. Joseph Abbey in 2011. The board of funeral directors then appealed to the 5th Circuit Court of Appeals, which upheld Duval's ruling.
"The brothers have been resolute throughout this entire case and they are prepared to take this historic fight to our nation's highest court to protect their rights and the rights of all entrepreneurs," Institute for Justice Senior Attorney Scott Bullock said in a prepared statement.
No comments:
Post a Comment