Supreme Court Columns

The Constitution Says Nothing About Behavioral Economics

Timothy Courtney January 10, 2017

Federalist Society member Todd Zywicki is in the Wall Street Journal:

Behavioral economics has taken the academy by storm over the past two decades. The Obama administration has even looked to the discipline—which posits that psychological biases frequently lead consumers to make bad economic decisions—to shape government policy. But is behavioral economics relevant to interpreting the Constitution? That’s the novel claim raised by Expressions Hair Design v. Schneiderman, which the Supreme Court will hear Tuesday.

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