This morning the airwaves were buzzing with news that the D.C. Circuit had ruled that the design of paper money discriminates against the blind. Experience has led me to expect that analysis will be scant on news shows and moronic on most commentary shows. I do not expect to be proved wrong.
In case you actually want to read this opinion, rather than listen to people shouting about how black-robed maniacs are destroying society, I've hosted it here. Before you buy into the prevailing unelected-tyrants-making-law-from-the-bench rhetoric, review it and consider a couple of things:
- The court made this ruling based on the Rehabilitation Act, a broadly-worded statute passed by Congress decades ago.
- The Treasury did not deny that the Rehabilitation Act applied and agreed on the legal standard at issue.
- It sounds as if the Treasury dropped the ball in the trial court by doing a lousy job of establishing that changing the paper money would be unduly burdensome. (For instance, it offered cost calculations based upon changing all bills including the dollar bill, even though it is clear that the dollar bill would not be changed). This had a substantial impact on the result.
Don't look for any of that in the commentary on the case, though.
Last 5 posts by Ken White
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