Napolitano seems on the wrong side of judicial decisions as often as he is right. I wouldn’t get my hopes up.
Our best hope is for Scalia to come into possession of some compromising photos of Anthony Kennedy. ;-P
...the authority to enact laws necessary and proper for the regulation of interstate commerce is not limited to laws governing intrastate activities that substantially affect interstate commerce. Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce.
Justice Scalia, concurring opinion, Raich