The Supreme Court hasn't put it anywhere, yet. They apparently are going to say that it isn't up to the Supreme Court itself, but the question of whether Congress can regulate it isn't properly before them.
The Supreme Court hasn’t put it anywhere, yet. They apparently are going to say that it isn’t up to the Supreme Court itself, but the question of whether Congress can regulate it isn’t properly before them.
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In the draft of the decision I read online last night it is stated that the proper venue for determination regarding the issue is at the State level.