digamma.net - notes

July 6, 2005

You Reap What You Sow

Posted by digamma @ 5:25 pm EDT

Michael C. Dorf, in the American Prospect:

The liberals were joined in Raich by Scalia and Kennedy, who had previously sided with Rehnquist, O’Connor, and Thomas in reading the scope of congressional power to regulate interstate commerce more narrowly. Although many liberals were dismayed by the bottom line in the medical marijuana case, liberal Court-watchers were relieved, for we understood that the states’ rights counter-revolution that Rehnquist had started would no longer pose much of a threat to the Endangered Species Act and other environmental legislation.

That sense of relief will be short-lived if the Court overturns Roe and then relies on the medical marijuana precedent to uphold congressional power to ban abortion nationwide, even in the states that permit it.

Boy, unlimited government sure seemed like a really good idea at the time, didn’t it?

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