Collision
Who may sell a casket
- The sides
- Favored by restriction: the dominant manufacturers, and indirectly the license-holding providers. Harmed by restriction: direct-sale manufacturers and third-party retailers, who fall outside the Rule's protections entirely. Outside the question: monument dealers, and the urn side of manufacturing.
- In dispute
- Whether a state may reserve casket sales to licensed funeral directors at all — struck down in the Sixth and Fifth Circuits, upheld in the Tenth.
- Not in dispute
- The Funeral Rule's own provisions. The casket price list and the ban on handling fees for outside caskets are settled federal law; no segment contests them.
- What it means for a coalition
- The collision that runs inside a segment rather than between two — which is why manufacturers are never scored as one position here. In Michigan the constitutional question is answered rather than open: Craigmiles binds in the Sixth Circuit, so a bill of this kind is presumptively unconstitutional in-state.