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To: AntiGuv

Looks like Thomas would have struck it down if the commerce clause question came up. Here’s a quote from his concurrence:

“I also note that whether the Act constitutes a permissible exercise of Congress’ power under the Commerce Clause is not before the Court. The parties did not raise or brief that issue; it is outside the question presented; and the lower courts did not address it”


155 posted on 04/18/2007 7:50:35 AM PDT by bcbuster
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To: bcbuster

Well, hopefully someone will take the bait and raise a challenge on that basis, and then if it gets properly struck down a separate challenge can revisit the Stenberg case. It’s worth noting that Kennedy joined the dissent in Stenberg, meaning that he would’ve left it up to the states then, and there’s no reason to think he’s changed his mind on that now.


179 posted on 04/18/2007 7:56:54 AM PDT by AntiGuv ("..I do things for political expediency.." - Sen. John McCain on FOX News)
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