With a conservative majority in the United States Supreme Court, many Republicans believe that this year’s hearing of the Affordable Care Act or Obamacare will result in certain rejection. But can all conservative justices be counted on to remain united on constraining federal power?
Reason Magazine details past opinions by Justice Antonin Scalia that should give conservatives pause. He has in certain cases argued for broad federal authority to regulate under the Commerce Clause, even in transactions that do not cross state lines. Scalia, it turns out, has even defended the oft-denegrated Wickard v. Filburn decision that drives conservatives mad.
There is reason to hope that Scalia will find government unable to regulate inactivity, but liberals are hoping they have found an unlikely ally in a staunch conservative. Read more here.