June 07, 2005

Rethinking Scalia - Commerce Clause Decision

Perhaps Scalia isn't as good of a choice for Chief Justice as I had originally thought.

With the court's latest ruling, Scalia joined in with the 6-3 majority allowing Federal prosecutors to go after users of medical marijuana. However, this case had nothing to do with medical marijuna and everything to do with the Commerce Clause.

Dessenting in favor of state's rights was Chief Justice Rehnquist along with Justices O'Connor and Thomas.

With this case, I have a sudden, new found respect for Justice Thomas...mainly due to his separate dissent. From Law.com:

In a separate dissent, Thomas sharply criticized the majority for drifting back toward an expansive view of the commerce clause that would allow Congress to regulate "quilting bees, clothing drives and potluck suppers throughout the 50 states." He added, "The majority is not interpreting the Commerce Clause, but rewriting it."

The Commerce Clause has been misread and abused to the point that Federal authority encroaches upon every aspect of our lives now. With this case, the Supreme Court had an excellent opportunity to keep that encroachment in check...they failed.

Say Uncle has similar thoughts:

In the last few years, the supreme court has quashed free speech; federalism; right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures; and states’ rights. I expect that property rights will be next.

Indeed.

Comments:

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I have to say. It did break my heart to see that Scalia sided with the majority on this one.

Posted by: Glen Dean at June 8, 2005 09:31 AM