The decision was 6-3. Even if Scalia voted constitutionally, Raich would still be law of the land.
I'll take nine Scalias v. nine Ginsbergs any day.
He ought to drop his claim to being an originalist, or at the very least, modify it.
I'll take nine Scalias v. nine Ginsbergs any day.
That's one heck of an endorsement. The New Deal Commerce Clause would win 9-0 in either case.