Contributor, The Volokh Conspiracy

(Here is the latest edition of the Institute for Justice’s weekly Short Circuit newsletter, written by John Ross.)

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Selling home-made baked goods is now legal in 49 states thanks to a Wisconsin trial court’s ruling that the state’s ban on such sales is unconstitutional. Under the ban, home bakers were required to spend tens of thousands of dollars to rent or build a commercial-grade kitchen before selling cookies, cakes, muffins, and other treats — despite no report of anyone ever getting sick in the 48 states with no such requirement. Indeed, Judge Duane Jorgensen of the Lafayette Circuit Court found that, rather than protecting the public from harm, the ban only protected commercial bakers from competition. The decision (pending appeal) means that New Jersey remains the only state that restricts its residents’ liberty in this way. Read more here.