Oklahoma's Casket Law Stands
Under Oklahoma Title 59, Section 396.6,Oklahoma allows only licenced funeral directors to sell caskets.Oklahoma is one of only nine states to have sucha requirement. The stated purpose of this law is to protect families from fraud.
Kim Powers, a Ponca City woman who sells caskets on the Internet has lost an effort to overturn the law.
Today the U.S. Supreme Court refused to consider Powers' appeal from the Tenth Circuit's decision. The Tenth Circuit held that it is not the role of the court to second-guess economic restrictions enacted by state legislatures. This ruling conflicts with a recent Sixth Circuit opinion which found a similar Tennesee law unconstitutional.