Scalia’s Middle Way: A Path Forward for Federal Regulation Under the Commerce Clause

• In Event: Law, Jurisprudence, and Separation of Powers

Brief Overview

The middle way proposed in Scalia’s concurrence in Raich could enable the Court to pick its battles wisely without sacrificing the central principles of federalism in high-priority, high-conflict areas of federal regulation such as environmental law.

Author

• Christopher McMillion, Hampden-Sydney College