It’ll be interesting to see how Rhenquist, Thomas and Scalia voted on this, and how, if any of the three voted with the feds, they’re able to justify it in light of Morrison and Lopez.
As it stands, then, selling guns near schools and giving battered and sexual women access to sue in federal court aren’t legitimate uses of federal power, but preventing sick people from smoking marijuana apparently is. And of course, the entire reason this case made it to the Supreme Court was because the Bush administration insisted it had the power to send federal agents armed with assault weapons into convalescent centers to arrest lukemia patients, elderly people, and people with AIDS, preventing them from seekin relief. A fine use of federal power.
My country makes me sad today.