Supreme Court Year in Review

I have spent much of the last 24 hours trying to determine what, if anything, actually happened to the Commerce Clause yesterday. Some commentators (and Justice Ginsburg?s concurrence) suggest there was a serious realignment of doctrine that happened here. Ginsburg writes that ?both the court's commerce and spending clause jurisprudence has been set awry.? Others, like Walter and Judge Posner, believe it was rather a narrow holding. I think I agree with Jack that the chief justice uses this case as a marker to suggest that the Commerce Clause times may be a-changing, which may or may not be true depending on who wins the next election. This might be a good time to point out again that four of the current nine justices will be 80 by the next election. The court we see today will change profoundly in the next few years.

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