Earlier quoted context omitted.
> The Supreme Court, nine white guys... ignored that finding when overturning the appellate court decision. Higher courts are allowed to overturn lower courts. That's kind of the whole point of the hierarchy. But regardless, that case was from 100 years ago. Are you saying that the reason people enact zoning laws now is the same? I love living in a suburb and would be equally displeased whether my neighborhood turned…
Of course you would. That's why it sticks around, because you get regulatory capture. It's the same reason we don't let a CEO write the rules for regulating their own company's competition. That's another more modern reason why it is unconstitutional, it just hasn't been challenged.
I'm unclear how this applies to zoning rules voted on by the people who live in an area. There is not an intermediary "zoning regulator" who is capturing anyone. Similarly, there is not a constituency that is being "captured" inappropriately. It is literally just a group of people deciding how they want to live.
If this is regulatory capture, then so is having laws against automatic weapons and speeding.