Yes, Justice Thomas’s dissent in Gonzalez v. Raich (actually decided in 2005) is one of the very best opinions of the modern Supreme Court. That is perhaps why Silberman could take precedent and uphold Obamacare’s mandate. But I did not specifically take issue with Supreme Court precedent here, which as Thomas makes clear is very far outside the scope of the Constitution (though there are strong argument that this is clearly unprecedented even under Supreme Court rulings). If that were all he did, I would not have had as much to write. I instead focused on an astonishing few sentences in which Judge Silberman acknowledges no limiting principle and yet finds this to be no problem (or only somewhat discomforting). Yet, in truth, it runs counter to the most basic scheme of enumerated powers, and reinvigorating respect for this most elementary principles is the critical first baby step to restoring our Constitution to its originally intended place.
BTW, I like your blog and your originalist viewpoint. I just bookmarked it.