I am not disagreeing with this refusal to review a case addressing the constitutionality of federal legislation prohibiting the sale and use of bulletproof vests by convicted criminals. However, I remain perpetually stunned by the extreme perspectives of Justices Scalia and Thomas. Both dissented to this denial of review, a/k/a “certiorari.” Their dissents were premised upon the fact that they would not again attempt to redefine and substantially narrow the scope of Congress’ power under the Commerce Clause to Article I of the Constitution. This issue was settled in 1937, and the extreme right on the Court attempted to redefine it in 1995 and 2000. Fortunately, later cases renewed the strength of Congressional power under the Commerce Clause.
It is also sad to see these dissents because it reminds us again how willingly some Justices are to upset hallowed case precedent at the ‘drop of a hat.’ These Justices cannot and should not be able to hide behind their veil of “originalism,” since that philosophy acts as nothing but a subterfuge to legitimize their efforts to undermine constitutional authority and protections.