Concurring in an opinion from the 5th U.S. Circuit Court of Appeals that applied the rational-basis test in affirming summary judgment against a tanning salon that filed a civil rights complaint against Columbus, Miss., after the city shut it down for seven weeks due to COVID-19, Judge James C. Ho argued the U.S. Supreme Court should expand the list of unenumerated constitutional rights to include a fundamental right to earn a living. The emergency ordinance that closed businesses in Columbus permitted churches, big box …