A SCOTUSblog essay argues that the “born free and equal” clauses in American constitutional history support a fundamental right to pursue a chosen profession, and says the Supreme Court should revisit its 1955 ruling upholding Oklahoma’s eyeglass-repair restrictions.
The author grounds the claim in those clauses, early state provisions against laws benefiting monopolies, and 1823’s Corfield v. Coryell, which described a citizen’s right to pursue trade or a profession in another state. Oklahoma’s law barred opticians from replacing or duplicating broken glasses without a written prescription from an optometrist or ophthalmologist; the Supreme Court unanimously upheld it.
The article says occupational licensing affects more than 20% of U.S. workers across over 100 professions. Its author accepts rational-basis review for most economic regulation but argues licensing should be treated differently, while acknowledging that would require the court to revisit longstanding precedent.
