TNR on Raich

The folks at TNR find the dissenting opinions in Raich quite troubling, and use them to warn about the alleged “constitution in exile” movement.

The fact that O’Connor, Rehnquist, and Thomas remain committed to aggressive judicial oversight of Congress’s power to regulate the economy suggests that conservative judicial activism is not defeated; it still has powerful allies. Which is why the views of Supreme Court nominees about the Constitution in Exile should be a central question in the confirmation battles to come.

Jonathan H. Adler — Jonathan H. Adler teaches courses in environmental, administrative, and constitutional law at the Case Western Reserve University School of Law.

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