[madison10]

Who cares where he got it from? Scalia has enough intelligence in his pinky to write circles around anyone. He sure doesn’t need to get his talking points from FOX news.

[DanMiller]

The broccoli argument was featured in Judge Vinson's early decision on ObamaCare. The point he was making is that if ObamaCare were to be held a valid exercise of Congressional authority under the Commerce Clause, no clear line between what is valid and what is not could be drawn for judicial review. In that event, the courts could not review, and would have to rubber stamp, any extension of Congressional authority under Article I, Section 8.

I think it's an entirely reasonable argument.