Last year in Patel v. Texas Dep’t of Licensing and Regulation,1 this Court struck down as unconstitutional regulation requiring eyebrow threaders take 750 hours of immaterial classwork before the government permitted them to pursue their chosen profession. In the present case, the Texas Alcoholic Beverage Commission (TABC) has promulgated a ridiculous and oppressive interpretation of the state’s tiered house laws, which wrongly denies the Petitioner their right to participate in economic activity, as per Patel. Indeed, the majority opinion in Patel laid out a two prong test, where the satisfaction of either signaled the law’s constitutional infirmity. The so-called “One Share Rule” falls afoul of both. Not only does it establish a standard that is impossible to meet, but it is also completely unmoored from a legitimate governmental interest.
D.C. Doesn’t Just Spend Too Much Money, It Spends On The Wrong Things
Can you imagine China, Russia, or Iran spending trillions of dollars to remove any fraction of the carbon dioxide they’re pumping into the air? When corporations — and people — misallocate capital, they tend to suffer. Of course, whether capital is misallocated is sometimes only fully understood after the fullness of time. The People’s Republic...