Summary
- The Supreme Court will review Department of Justice v. McNutt, a pivotal case challenging a federal law banning home distilleries under the Necessary and Proper Clause.
- The key issue is whether the law is justified by Congress's tax power and if it meets the "proper" standard set in NFIB v. Sebelius (2012).
- A circuit split exists, with the Fifth Circuit ruling the law is neither "proper" nor "necessary," contrasting with a Sixth Circuit decision that supports it.
- This case could significantly clarify the interpretation of "proper" within the Necessary and Proper Clause, potentially reshaping federal authority over home-based activities.
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