Randy Barnett, in writing of his clients’ victory in Raich v. Ashcroft, clings to hopes of legalistic reasoning by the Supreme Court.

It is supremely ironic that the Ninth Circuit is the court of appeals that is taking the Supreme Court’s new Commerce Clause jurisprudence the most seriously. This case illustrates that Federalism is not just for political conservatives, and is a doctrine that provides benefits across ideological lines. If this case does go to the Supreme Court we will learn whether the conservative justices who developed this doctrine have the courage of their convictions when it applies to activities of which they may disapprove, and whether the liberal justices will put their disdain for Lopez and Morrison above the commitment to stare decisis, which would let them do justice in this case.

Excuse me while I snort derisively at the thought of either of these hypothetical scenarios (liberals supporting stare decisis or conservatives sticking up for the principle behind Lopez) coming to pass.

Link via Unlearned Hand at En Banc, who “would love to see the Fab Four grant cert.” I assume that the Fab Four is either the set of liberal or conservative justices, and does not include the notoriously fickle Sandra Day O‘Connor, but I’m at a loss as to which set (the conservative Scalia/Thomas/Kennedy/Rehnquist or liberal Breyer/Souter/Ginsberg/Stevens) is particularly “fab.”