Why do you say that about Thomas? He's made exactly the same points in cases involving the Commerce Clause. He even cited the same passage in Gibbons vs Ogden in his Lopez concurrence =>
"[i]nspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a State" were but a small part "of that immense mass of legislation . . . not surrendered to a general government." Id., at 203.
State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added]. Gibbons v. Ogden, 1824.
"According to that dissent, Chief Justice Marshall's opinion in Gibbons v. Ogden, 9 Wheat. 1 (1824) established that Congress may control all local activities that "significantly affect interstate commerce [emphasis added]," post, at 1. And, "with the exception of one wrong turn subsequently corrected," this has been the "traditiona[l]" method of interpreting the Commerce Clause. United States v. Lopez, 1995.
Again, what am I overlooking?