The actual grant to regulate commerce goes as follows.
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
There is a long road of interpretation from there to telling a manager of a restaurant that he has to hire black waiters. And the important bits of it all came in the last century. It is certain that the Founders never INTENDED for Congress to have its current authority.
It seems unlikely that the Supreme Court wants to create the chaos of overturning all of that to go back to the original definition. But it is within their official authority to do so.
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
There is a long road of interpretation from there to telling a manager of a restaurant that he has to hire black waiters. And the important bits of it all came in the last century. It is certain that the Founders never INTENDED for Congress to have its current authority.
It seems unlikely that the Supreme Court wants to create the chaos of overturning all of that to go back to the original definition. But it is within their official authority to do so.