June 06, 2005

NINTH CIRCUIT 1, SUPREME COURT 0: The 9th Circuit asked the Supreme Court how serious it was about enumerated powers, and the answer, apparently (I haven't read the decision yet) was not so much. [LATER: I've looked at it now. Not so much.]

UPDATE: Orin Kerr has more.

ANOTHER UPDATE: "So much for states' rights."

Larry Solum has a roundup here.

David Bernstein; "The five-member majority of the Court simply does not take federalism seriously."

Radley Balko: "Thomas was dead-on, and proves to be the only principled federalist with an orginalist view of the Commerce Clause."

Marty Lederman has assembled an all-star cast to discuss the opinion over at ScotusBlog. Just keep scrolling.