Scalia: Commerce Clause Case Unreasonable
Speculating that the SCOTUS could issue its ruling in the Obamacare case next week, some have looked at what Justice Scalia has said about a central issue in the case and concluded that the decision could be even bigger than many people think. Might the court dial back the government reach under the Commerce Clause?
With a Supreme Court decision on the fate of President Obama’s health care law expected in the next two weeks, every wisp of a hint about the justices’ thinking is getting the scrutiny usually reserved for CAT scans.
Justice Antonin Scalia picked the right moment, then, to deliver more than 500 pages of hints, in a book to be published next week.
Justice Scalia writes, for instance, that he has little use for a central precedent the Obama administration has cited to justify the health care law under the Constitution’s commerce clause, Wickard v. Filburn.
In that 1942 decision, Justice Scalia writes, the Supreme Court “expanded the Commerce Clause beyond all reason” by ruling that “a farmer’s cultivation of wheat for his own consumption affected interstate commerce and thus could be regulated under the Commerce Clause.” [NY Times]
Any ruling that would add reason back into the interpretation of the Commerce Clause would be a welcome breath of fresh air. Any number of complaints about the over reach of the Federal Government, including the expansion of Federal Criminal law into areas traditionally reserved to the states, could spell a victory for us who fight for a smaller fed, and a stronger 10th Amendment.
Might Scalia use this case to make such a bold pronouncement? If anticipation of the Obamacare decision wasn’t already at a fever pitch, this possibility ratchets up the expectations to near frenzy.
Read more at Blue Grass Bulletin
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