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Chief Justice Rehnquist's Drug Habit | 27 comments (27 topical)
Re: Chief Justice Rehnquist's Drug Habit (none / 0) (#17)
by pigwiggle on Sat Dec 17, 2005 at 01:03:39 PM EST
“So Rehnquist, Scalia, and Thomas were trying to be activist judges and overturn congressional powers.”
Actually, Scalia concurred in the judgment; the decision was 6-3. Anyway, if correcting previous Supreme Court cockups is activist, by all means. This thread is about Justice Rehnquist’s drug use, and the (implied) hypocrisy. But since you raised the point; the majority cited Wickard, as providing for regulation of any intrastate activity for which a national market exists, illicit or not. This is a not an arbitrary extension of Wickard and sets a terrible precedent. Your humble vegetable garden is now under the purview of congress.
“Is it lost on you that Ginsberg and Breyer demonstrate once again that it isn't the liberals on the court who legislate from the bench?”
Placing reasonable boundaries on Congresse's ability to regulate activities under the commerce clause is hardly ‘legislating from the bench’; it is the duty of the Supreme Court.
“Is it lost on you, only weeks after federal agencies FEMA and DHS acted with a devastating sluggish powerlessness and disorganization that the desire to vacate federal powers and responsibilities is a deeply Republican impulse?”
I’m not sure what you are driving at. Pruning government is hardly a Republican impulse. Like intelligence reform after recent high profile failures, look for congress in a fit of bipartisan backslapping to coat an already lethargic bureaucracy with several more layers. And of course, bring home the bacon.

Chief Justice Rehnquist's Drug Habit | 27 comments (27 topical)

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