[trisham]

Scalia is as activist as they get.

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Scalia is no activist. You're either confused or misinformed.

[Ken H]

He endorses the New Deal view of the Commerce Clause, whereas Clarence Thomas does not.

"...the authority to enact laws necessary and proper for the regulation of interstate commerce is not limited to laws governing intrastate activities that substantially affect interstate commerce. Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce."

J. Scalia, concurring in Raich.