Quote:
Originally Posted by MS Fowler
Roberts so-called limiting of the Commerce clause is not, strictly speaking, part of the decision, or precedent, is it? It is not binding on anyone or anything, is it?
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That's correct, it is not binding. It is what lawyers call "dicta." As a practical matter, though, it is a really strong signal about how the Court will rule if the issue comes up again. Lower court judges will have to be pretty brave to ignore it.