Challenging Wisconsin Burial Law

Summary

To challenge Wisconsin law Chapter 157, argue it is unconstitutional by focusing on the Equal Protection Clause, claiming it discriminates against cemeteries, and the Commerce Clause, highlighting trade restrictions. Consider a Rational Basis Review to show the laws misalignment with current cremation trends and provide an Economic Impact Analysis to demonstrate financial disadvantages to cemeteries.

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Wisconsin law chapter * is about burial law. It prevents funeral homes from owning cemeteries and vice versa. I'd like to argue that the law is unconstitutional because with cremation trends rising it creates disadvantage for cemeteries. How can this be done.
Hi ****! To argue that Wisconsin law Chapter * is unconstitutional, you could potentially pursue a legal challenge based on the following points:
- Equal Protection Clause: Argue that the law unfairly discriminates against cemeteries in favor of funeral homes.
- Commerce Clause: Highlight how the law restricts trade and business operations in the funeral and cemetery industry.
Do you have any specific instances where this law has directly impacted a cemetery's business?
Yes if a cemetery operates a crematory it cannot transport the body or prepare it for cremation. Cremation now represents * percent of final disposition. As opposed to * percent when the law was created.
To challenge Wisconsin law Chapter *, you could argue that it no longer aligns with current industry trends and creates undue burdens on cemeteries. Here are some additional points to consider:
- Rational Basis Review: Argue that the law no longer serves a legitimate government interest given the shift towards cremation.
- Economic Impact Analysis: Provide data showing how the law financially disadvantages cemeteries in the modern market.
Would you like information on how to proceed with filing such a challenge in Wisconsin courts?