Sadly, we partly have Scalia to thank for that. He concurred with the liberal majority in Gonzales v. Raich, which held that the Controlled Substances Act was valid under the Commerce Clause, even when applied to an individual growing small amounts of marijuana for his own use. Scalia differed from the majority’s reasoning only in that he believed the CSA’s application in this case was authorized under the Necessary and Proper Clause rather than the Commerce Clause itself. O’Connor, Thomas, and Rehnquist dissented.
Scalia was a leftist POS. He just looked conservative by comparison, except to Thomas. I want 9 Thomases.