July 06, 2005

More on Supreme Court nominations

Pejman Yousefzadeh of Tech Central Station writes favourably about Justice Clarence Thomas and his decision making track record. According to Pejman, Justice Thomas’ reluctance to further his own ends is an attribute to be looked for in potential Supreme Court nominees.

On Justice Thomas’ dissent in the case Gonzales vs. Raich, (involving interpretation of the US Commerce Clause), Yousefzadeh says,

This originalist understanding of the meaning of "commerce" both grounds Justice Thomas' dissent firmly in the intended Constitutional tradition and interpretation of the Commerce Clause and allows for a more comprehensible and enforceable regulatory scheme for the federal government to follow. Instead of paying heed, however, to Justice Thomas's approach, the majority in Raich went ahead and allowed for the enactment of a far more ambitious and reaching regulatory scheme — one that us with a policy that will lead to an administrative and enforcement nightmare for both the federal government and the citizenry.

Read the full article here.


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