That's and important distinction. I was initially disappointed with Thomas, Scalia and Roberts because I saw this as a state's rights issue without paying attention to the actual case. The six in favor here still voted to strengthen the authority of the federal government, not to give this issue to the states to decide. Have you read Thomas' dissent? He uses this case, in part, to continue his repudiation of Raich. Had he voted with Oregon on the basis of his dissent in Raich, his condemnation of Raich wouldn't be nearly as strong as it is here.