There's no way Roberts would vote to overturn this given his history of pretending a penalty directly remitted to the IRS for not carrying health insurance was not a tax for the whole ACA fiasco.
replyBut Filburn must needs be overturned. The sovereignty of states depends on it.
Please suggest one, but ideally three, things that you think that overturning Wickard would lead to that would cause K, S & J to vote against doing so?
replyThe federal civil rights act of 1964 is probably a good one. The clean air act is another. Probably others like consumer protection laws, healthcare regulations, safety laws (OSHA), etc. These are all based on the expanded powers from wickard v fillburn. If portions of these were challenged and overturned, I believe those justices would not view that as a good thing.
replyIsn't OSHA already unconstitutional under current implementation due to competing intelligible principles?
replyI agree they won't do it, but they absolutely should.