I’ve read lots of speculation in the blogosphere that Justice Scalia voted in the government’s favor in Gonzales v. Raich because he’s a social conservative who wants the government to crack down on drugs. If that’s true, though, why did he vote in favor of the marijuana grower in Kyllo v. United States? And why did he vote in favor of the crack dealer in United States v. Booker? Is the idea that Scalia is principled when he votes in favor of defendants, but is just a social conservative when he votes in favor of the government?
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