[Dog Gone]

I do have to say that Scalia's rationale left me scratching my head. I guess he doesn't want to open the tent to the camel's nose of marijuana, but he sacrificed a lot of conservative principles to do that.

[jwalsh07]

Thomas and Rhenquist wanted to go for the brass ring of the extraconstitutional 'Intrastate Commerce Clause', Scalia wanted no part of it and thus stare decisis won the day.

[Haru Hara Haruko]

but he sacrificed a lot of conservative principles to do that

Ya think?

Scalia would not know an unenumerated right if it bit him on the ass. He is apperently too weak to take on the FDR New Deal legacy. Why do we need a chief like that?

[The Ghost of FReepers Past]

I think the point is that this particular precedent would be far-reaching if overturned. The case being narrow, it wasn't appropriate to not consider the wider effects. No?

[AFPhys]

I have a suspicion if the other members were split 4-4, Scalia may have had a different take on this case.