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June 06, 2005
NINTH CIRCUIT 1, SUPREME COURT 0: The 9th Circuit asked the Supreme Court how serious it was about enumerated powers, and the answer, apparently (I haven't read the decision yet) was not so much. [LATER: I've looked at it now. Not so much.]
UPDATE: Orin Kerr has more.
ANOTHER UPDATE: "So much for states' rights."
Larry Solum has a roundup here.
David Bernstein; "The five-member majority of the Court simply does not take federalism seriously."
Radley Balko: "Thomas was dead-on, and proves to be the only principled federalist with an orginalist view of the Commerce Clause."
Marty Lederman has assembled an all-star cast to discuss the opinion over at ScotusBlog. Just keep scrolling.