Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: lex33
Too bad Scalia doesn't believe in original meaning when it comes to the Commerce Clause. His opinion in Raich was cited by two appeals court justices, both friends of Scalia, to uphold Obamacare:

Both Silberman and Sutton cited Scalia’s opinion in 2005 upholding strict federal regulation of marijuana in the case of Angel Raich, a Californian who used home-grown marijuana to relieve her pain. “If Congress could regulate Angel Raich when she grew marijuana on her property for self-consumption,” Sutton wrote, “it is difficult to say Congress may not regulate the 50 million Americans who self-finance their medical care.”

http://mobile.latimes.com/p.p?a=rp&m=b&postId=1165037.

30 posted on 02/14/2012 2:29:14 AM PST by Ken H (Austerity is the irresistible force. Entitlements are the immovable object.)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Ken H
“Too bad Scalia doesn't believe in original meaning when it comes to the Commerce Clause.”

Yes, which is why Scalia will be a toss up during the Patient Protection and Affordable Care Act arguments. I would not be surprised if Scalia favors the regulatory expansion of "Obamacare".

To understand why Scalia is “comforting” in expanding the Commerce Clause, research his past employment.

34 posted on 02/15/2012 7:12:35 AM PST by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians)
[ Post Reply | Private Reply | To 30 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson