Michael Kinsley

The logic is often far-fetched - how does medical marijuana affect interstate commerce? - and some conservatives would like judges to start throwing out federal laws wholesale on commerce clause grounds. The court once again said no thanks.

It wouldn't be fair to say that conservatives cherish property the way liberals cherish equality. But it would be fair to say that the takings clause is the conservatives' recipe for judicial activism just as they say liberals have misused the equal protection clause.