What isn interstate commerce?
The disastrous Gonzales v. Raich decision, which Roberts’ predecessor dissented from, interpreted the Constitution’s Commerce Clause (which gives the federal government authority to “regulate Commerce…among the several states”) as broad enough to allow for federal intervention in 100 percent local, non-commercial activity. The ruling exposed a split between Clarence Thomas and fair-weather federalist Antonin Scalia. Whose side is Roberts on? Is limited government good for the boardroom, but bad for the bedroom and greenhouse? Does Congress need to justify meddling in the affairs of states and transforming law enforcement into a federal enterprise? Roberts’ dissent in Rancho Viejo, LLC v. Norton gives some preliminary cause for hope; pinning him down on what Commerce doesn’t allow could ease the still-smarting sting of Raich. 2) How much reverence should be given to precedence? Sandra Day O’Connor was the Court’s swing vote; if he disagrees with her record, Roberts could change a lot
