[Lazamataz]

Voted for rehearing in a case about whether a developer had to take down a fence so that the arroyo toad could move freely through its habitat. Roberts argued that the panel was wrong to rule against the developer because the regulations on behalf of the toad, promulgated under the Endangered Species Act, overstepped the federal government's power to regulate interstate commerce.

Good. Maybe he'll help reverse that insane Kobe property-seizure ruling.

How's he on guns?

[Enchante]

I like the fact that apparently Roberts is not enamored with how the "Commerce Clause" has been stretched beyond all reason to apply to just about anything a court wants to do. Love this quote from Roberts explaining why Congress cannot claim "interstate commerce" includes issues that exist entirely within one state:

'the hapless toad ... for reasons of its own, lives its entire life in California,'

"Roberts joined Sentelle in questioning whether the Endangered Species Act is constitutional under Congress's power to regulate interstate commerce. The regulation in question prevented developers from building on private lands in order to protect a rare species of toad, and Roberts noted with deadpan wit that 'the hapless toad ... for reasons of its own, lives its entire life in California,' and therefore could not affect interstate commerce."