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.
What the Private Sector can Teach the Public Sector about Efficiency
Recently, former President Trump floated the idea of creating “a government efficiency commission a federal commission to audit the entire federal government.” And even better, he suggested putting Elon Musk in charge of the commission, saying he is a great “cost-cutter.” Unleashing a commission of this nature on the federal government, led by a titan...