A Note On The Prevailing Wage Case

One of the most pernicious aspects of the majority's decision is the way it uses the exceptions to the prevailing wage law to undermine its constitutionality. Legislatures often legislate incrementally; it's characteristic of the compromises that are built into our political system, with its multiple checks and balances. And, indeed, Equal Protection analysis recognizes the legislatures can, and often should, legislate one step at a time. So the fact that the prevailing wage law doesn't apply to every construction contract, public or private, or even every public one, shouldn't be used to call it ineffective and constitutionally flawed.