Oh, oh
Roberts just spoke about the Commerce Clause, and I really really really do not like the implication in what he said. Without actually saying so, he seemed to say that Lopez and Morrison are aberrations.
PS: Sessions is an idiot.
UPDATE (15-Sep): He really does seem to believe the Commerce Clause can cover almost anything. This is not good. I want a justice who does not believe in Wickard, and, should he get the chance, would vote to overturn it. I was promised a Scalia or a Thomas, and I feel cheated. Roberts may be good, but it appears he's no Thomas, and not even a Scalia.
posted by Milhouse at 4:14 PM
3 Comments:
I'm also getting a bad feeling about Roberts. Another disappointment on the bench. O'Conner Bad? Souter Bad? Farrah says Breyer bad. A 50 year-old Washington lawyer without a record of any controversial opinions and with many left-leaning friends, is likely to be keeping his mouth shut to get Republican appointments. Be Afraid.
I just don't agree with this Farah guy. Or your bad feelings guys. I have left-leaning friends, I know very Republican lawyers who have left-leaning friends. That really doesn't say anything about my, their, or his philosophy. He was a Reagan White House lawyer and Deputy SG for Bush 41. He's not a Breyer or a Souter, but he's not Scalia or Thoams either. Time will tell. He made Biden whine. Doesn't that count for something?
I don't care who his friends are - Scalia's best friend on the court is Ginsburg. But Lopez and Morrison aren't friends; they're the very thin wedge which we had hoped would eventually bring down the whole structure of modern Commerce Clause jurisprudence, Wickard and all. And if he is going to look at Raich and at the broad sweep of Commerce Clause cases, and ignore Lopez and Morrison as aberrations, then what good is he?
And Monty, "he's not Scalia or Thomas either" is the point. Bush promised us a Scalia or a Thomas. I prefer a Thomas, but I'd settle for a Scalia. Not someone who's simply going to channel the ghosts of bad courts of the past.
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