We know how Kagan’s going to vote, because she essentially told us in her confirmation hearings, when she said the federal government could force us to buy brocolli. She’s a totalitarian.
Really, Wickard was one of the worst decisions in court history, not just in how awful the reasoning was, but in what a devastating effect it had on the nation. This upcoming decision is an opportunity to finally try to reverse some of the damage.
I wonder about the impact on Wickard v. Filburn if the SC overturns ObamaCare. Wickard v. Filburn is a singularly stupid decision. It’d be good to reverse Wichard.
Thomas only seems prescient because he no doubt remembers his von Mises: ultimately, all human action is “economic.”