The Firing Line Forums - View Single Post

Al Norris · October 24, 2011, 08:58 PM

This may not be as bad as first blush would make it.

The biggest hurdle to overcome, is that with the makeup of the current Court, Thomas is the only sure vote to take such a case. See Raich.

I can see an MTD on standing being upheld (see Raich). In the alternative, an MJP will be upheld (again, see Raich). On the chance this case survives those, it will not survive an MSJ (finally, see Raich).

I'll go ahead and collect the data, add it to the list, just on the off chance the Commerce Clause just might be corralled (a very long shot, see Raich).

October 24, 2011, 08:58 PM	#4
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	This may not be as bad as first blush would make it. The biggest hurdle to overcome, is that with the makeup of the current Court, Thomas is the only sure vote to take such a case. See Raich. I can see an MTD on standing being upheld (see Raich). In the alternative, an MJP will be upheld (again, see Raich). On the chance this case survives those, it will not survive an MSJ (finally, see Raich). I'll go ahead and collect the data, add it to the list, just on the off chance the Commerce Clause just might be corralled (a very long shot, see Raich).