the Commerce Clause, I
think there would likely be serious political obstacles to
enactment. Does this mean that Congress just didn't know what it
was doing in section 666? Maybe.
2. Sam Bagenstos is not convinced about scope of judicial power
implications raised by a rule that a law stated to rest on one
The only thing I'd say about this is that I wouldn't count any of the
Fab Four as sure votes for the plaintiff on the standing
question.
At 03:33 PM 10/15/2003 -0400, you wrote:
All
right, I'll take a whack.
Rehnquist, O'Connor, and Thomas
for reversal. Kennedy joins them, because he's a
