/johnny
Unfortunately, in this case the 9th Circuit has stare decisis on their side (based on one of the worst decisions the SCOTUS ever handed down — yeah Roe v. Wade and Dred Scott were worse, but Wickard v. Filburn is down there on the role of dishonor .) I don’t think there’s even a 5-4 majority to be had to overturn Wickard, which is what this would take, not just chip away at it, fully overturn it.
Bump!
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.