To: general_re
Right up front he undermined his credibility. I wonder why the publication couldn't get someone trained in the law to write the review?
To: justshutupandtakeit;Lurking Libertarian;Republican Wildcat
Both US v. Lopez (1995) (guns in school zones) and US v. Morrison (2000) (VAWA) were 5-4 decisions. In both, Souter, Stevens, Ginsburg, and Breyer dissented.
Why did this guy pick those two? Really, picking those two examples was a mistake - there's plenty of examples of expansion of the Commerce Clause to pick from, going back to Heart of Atlanta in 1964 (the companion to that case, Katzenbach v. McClung, was even worse, IMO).
Additionally, I don't think we can hang our hats on those two decisions just yet - they're both narrow decisions, and really aberrations in a long line of cases expanding Commerce Clause powers, so I think it's way too early to take those as a bona fide shift in the Court's thinking on this issue...
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