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September 16, 2005

Volokh Agrees: Roberts No Federalist

At least David Kopel at the Volokh Conspiracy seem to think Roberts will be a grave disappointment to conservatives on restricting Congressional power using the Commerce Clause:

Given that the Rehnquist Court's timid steps towards restoring the Interstate Commerce to its textual limits (rather than allowing it to be a power to regulate everything) were only decided by 5-4 votes, the replacement of Rehnquist with Roberts may end any efforts to change Congress's anti-constitutional presumption that it possess limitless powers over every activity in the United States.

Posted by Nathan at September 16, 2005 10:08 AM