Tuesday, August 02, 2005

What Has The Left Worried

I don't know where the probable Justice Roberts will come out on many issues. But the Left is currently burning the midnight oil trying to make this passage a focus of the confirmation battle:

From Judge John Roberts' dissent in 2003 when the U.S. Court of the Appeals for the District of Columbia Circuit refused to reconsider a three-judge panel's decision involving the Endangered Species Act:

"The panel's opinion in effect asks whether the challenged regulation substantially affects interstate commerce, rather than whether the activity being regulated does so. Thus, the panel sustains the application of the Act in this case because Rancho Viejo's commercial development constitutes interstate commerce and the regulation impinges on that development, not because the incidental taking of arroyo toads can be said to be interstate commerce.
"The panel's approach in this case leads to the result that regulating the taking of a hapless toad that, for reasons of its own, lives its entire life in California constitutes regulating "commerce ... among the several states."
I can't see anything bad to come out of this reasoning. The possibility for the trend to limit Congress' commerce clause regulatory power is a good thing.


At 5:24 AM, Blogger Cassandra said...

In a world where Howard Dean is blaming Kelo on the conservatives on SCOTUS (and he will be believed), anything is possible KJ.

Perception is reality.

The reasoning is simple, as with the french fry case. It is not that Roberts consistently follows precedent and issues narrow rulings.

The man hates toads and 12 year old black girls. Do try and get with the metamessage.


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