Someone will get to have their name attached to the decision declaring any government interference in how a business is run unconstitutional.
Unions, 40 hour work week, desegregation, certainly employment discrimination, OSHA, the ADA? I worry people like Musk know they have the money to take it that far and that the supreme court would love to completely deregulate businesses.
Congress has the power to regulate commerce.
[0] https://www.law.cornell.edu/wex/commerce_clause
"The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;"
[1] https://www.law.cornell.edu/constitution/articlei#section8
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.
We need to be wary because I, for one, totally believe they would make any regulations illegal given a case that gave them the chance.
Preventing chaos is clearly not something they feel responsibility for, they're making extremely high impact decisions against hard fought civil rights in favor of just about any other interested party.