While, since 1937, the Court HAS indeed held that private use can be interstate commerce; that doesn’t mean the Constitution SAYS its true.
The ruling that started it was wrong and every ruling that relies on it is wrong.
Besides, in this case its not even “commerce”...this ruling would say the Constitution DEMANDS that you engage in commerce. Thats a bit different, I think.
I agree. Its the individual mandate that is blatantly unconstitutional. I don’t believe that has anything to do with the 2005 Marijuana case.
Of course I’m sure Elena Kagan has no idea of how she would vote. (sarc)