Dormant commerce clause another area of split between Scalia (who assented on grounds of respect for precedent) and Thomas. Indeed, I argue the biggest criticism from the right of Scalia is that he wasn't faithful enough to originalism and textualism. https://www.amazon.com/Justice-Contradictions-Antonin-Politics-Disruption/dp/0300228643/ref=sr_1_1?ie=UTF8&qid=1516904231&sr=8-1&keywords=richard+l.+hasen … https://twitter.com/cterbeek/status/972641722911068161 …
Scalia called the dormant commerce clause a “judicial fraud” which he nonetheless sometimes adhered to. See Comptroller of Treasury of Maryland v. Wynne
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The Scalian acolytes will be more Scalia than Scalia!
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Scalia dissented in Wynne because he didn’t think DCC existed.
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Ah, I see. Thank you!
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It IS a judicial fraud - a guy who grew wheat and used it all on his own farm to feed animals was found to have engaged in interstate commerce. Wickard v. Filburn. BUT, we wouldn't have a country absent the fraud. Bless the expanded commerce clause.
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Judicial Fraud would be a good title for a Scalia biography.
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