The government's lawywers are arguing that there cannot be an "as applied challenge" to Commerce Clause legislation. IOW - they're arguing that there is no such thing as a misapplication of the Commerce Clause. If that argument prevails, it will not "come close" to a reversal of Lopez and Morrison, it will dictate it.
Wow. I'm going to read the government's brief. Here's are the briefs, for anyone else interested who hasn't already read them.
http://www.abanet.org/publiced/preview/briefs/nov04.html#ashcroft
"Theres a conflict between facial challenges and as-applied challenges that comes up in each case. The normal rule is that you start with an as-applied challenge. That means that there a particular person in court who says: This law is unconstitutional as applied to me. It could be a civil or criminal defendant."
bingo . . . don't expect the statists to understand this though.
drugs r bad . . . mmmkay!!!
that's all i know and that's all you need to know.