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The Supreme Court could legalize moonshine, and ruin everything else
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politics1d ago

The Supreme Court could legalize moonshine, and ruin everything else

  • A Fifth Circuit decision barred home distilling, setting up a potential Supreme Court review on federal economic power.
  • Analysts say McNutt could test Wickard and Raich, which broaden federal reach over domestic production and private activity.
  • Some justices have signaled openness to narrowing the post‑New Deal approach to federal power in this case.
  • The DOJ chose a narrower argument focused on taxation rather than broad commerce authority, complicating a potential ruling.
  • McNutt could pressure a Supreme Court review of how far Congress can regulate within-state activity linked to nationwide markets.
  • The case hinges on whether home distilling is necessary to collect taxes, a historic angle used by the DOJ's narrower argument.
  • If the Court narrows Wickard and Raich, it could reshape dozens of federal laws governing private business.
  • The decision has high stakes for regulation of the workplace, discrimination, and accessibility rules.
  • The case will likely be heard by the Supreme Court, which often accepts cases where a lower court invalidated a federal statute.
  • Experts warn a ruling could revive or narrow decades of federal regulation depending on the approach the Court takes.
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