Reviving the Commerce Clause, One Home-Distilled Spirit at a Time

The Northern District of Texas just declared two federal statutes unconstitutional—in part on Commerce Clause grounds. The government has appealed to the Fifth Circuit. And if the case proceeds to decision on appeal, the Fifth Circuit will have an opportunity to issue one of the most consequential appellate decisions in the modern era on the reach of the Commerce Clause. In particular, the revival of Commerce Clause arguments in cases that involve commerce would be a massive development in constitutional law.