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Because of the Commerce Clause!

The Political Orphanage

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The Effects of Federal Regulation on Interstate Commerce

Overturning wicked v fillburn would just kind of return us back to the substantial effects doctrine what they used before that which was direct effect there we go. The court is generally pretty reluctant to just invalidate an entire line of case law because it's also immediately pretty much everybody could go hey that federal regulation doesn't apply to me. If you actually well we could hope but yes we could hope, says Justice Sotomayor. "It can outvote the 70 year olds by giving them a support staff"

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