"France's Constitutional Council on Saturday rejected a 75% upper income tax rate to be introduced in 2013..."

"... in a setback to Socialist President Francois Hollande's push to make the rich contribute more to cutting the public deficit."

The Council, made up of nine judges and three former presidents, is concerned the tax would hit a married couple where one partner earned above a million euros but it would not affect a couple where each earned just under a million euros.

Why does that make it unfair? It seems as though the court is sticking up for the single-earner household — for traditional marriage. Why does fairness require that? I think this is what we here in the United States would call a policy decision, to be left to the legislature. (Yeah, a 75% tax rate is really high, but that's not the legal flaw this court found.)