[marktwain]

The supreme court agreed under the Lopez decision, then reversed itself with the insane Gonzales v. Raich decision.

Scalia is the one who changed sides.

Scalia is supposed to be pro second amendment. Maybe he can find that the states 10th amendment with the Second amendmnt overule the commerce clause.

[ctdonath2]

Raich was the insane verdict that makes “interstate commerce” apply everywhere, way beyond what you imagine. It said, in no uncertain terms, the “interstate commerce” clause applied (say, allowing federal DEA “dynamic entry & seizure”) even to totally intra-state products legal within that state (say, a pot plant grown in a “medical pot” state under a doctor’s supervision), even when interstate made interstate commerce of it illegal (say, pot) because - get this - the legal intra-state activity REDUCED demand in illegal inter-state commerce, therefore affecting “interstate commerce”.

[publiusF27]

Lopez was decided 5-4 restricting the commerce power. Raich was decided 6-3 expanding it. Two "switched sides" in Raich, at least to the extent the issue is the same: Scalia and Kennedy.

I can't believe people are still trying the commerce power approach in court. Shortly after the Raich decision, the Supreme Court sent US v Stewart (a case about homemade machine guns for personal use) back to the 9th Circuit with a note pinned to it that said "see Raich." The 9th then dutifully reversed their prior ruling and said federal law applied to Mr. Stewart and his homemade guns.

This issue was decided w/respect to marijuana and guns in 2005. I need one of those funny dead horse images.