[Benman]

If he was intellectually consistent, then yes he'd let such a law stand. But did you read his concurrence in the recent California marijuana case (I can't remember the name of the case)? He basically reversed course on a decade of new federalism to say that a state can't legalize marijuana, then he cited some old interstate commerce cases that he's made fun of before. The point is, he's as right wing from a moral standpoint as he is a judicial originalist, he just seldom has to show his true stripes since most judicial activism has been towards the left instead of the right.