Reading an account of oral arguments in Ashcroft Gonzales v. Raich, a couple of months ago, gave me a sinking feeling: the Court was clearly hostile and the good guys were failing to make what I considered obvious points.
Guess what, folks, the Court’s flirtation with federalism was no more serious than you’d expect it to be in a body appointed by the Potomac Regime. (See also. The view hypothetically attributed to Scalia, a dissenter in Lawrence v. Texas, is explicitly echoed by O’Connor’s dissent in Raich.)