Originally Posted by Riverman
I gave you three cases to read.
Lochner v. NY
Gonzalez v. Raich - bonus points, extreme conservative hypocrisy!
United States v. Lopez
Since I know you'll never read them, I'll spoil things for you: there are really good arguments for IM, arguments advanced by the same justices who will vote with the majority in striking it down!
I haven't read Lochner, but I've actually read the other two. Raich is great, and is exactly the sort of judicial activism that the right usually loves to shout about. Scalia's opinion where he just asserts that growing medical marijuana for sale in state is enough to qualify as "interstate commerce" is laughable on its face, and is completely at odds with basically everything else he's ever written on the subject. He has openly mocked other justices for arguing the exact same interpretation of "interstate commerce" in other opinions on other subjects. That opinion is probably the clearest indication that Scalia is basically full of **** with his judicial restraint and strict constructionism crap.
And you can easily find similar hypocritical opinions by almost all the other justices. Anthony Kennedy has made of career of it, Stephen Breyer sees distinctions concerning government funding for religious displays that literally no one understands, etc.
So, yeah. SCOTUS is a political body, and it's time we all accept and learn to deal with that.