It's worse than that:
Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce.
J. Scalia, concurring in Raich
Yeah, I forgot he went even further.
If it hadn’t been about marijuana, I think it would’ve been a bigger deal around here.
I read an analysis recently that said his opinion on Obamacare started to walk back some of his crazy interstate commerce thinking.