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[Tyrone Slothrop]

Originally Posted by Adder

But see: A closer look at Judge Hudson’s opinion, however, shows that he did not conflate the concepts of express and implied powers, nor did he deny the concept of implied federal power under the Necessary and Proper Clause. In fact, Judge Hudson clearly embraced the standard understanding of the Clause. According to Hudson, “[a]lthough the Necessary and Proper Clause vests Congress with broad authority to exercise means, which are not themselves an enumerated power, to implement legislation, it is not without limitation.”

(1) Haven't read the decision.

(2) I'm not impressed with the last sentence quoted above as a textual basis for this argument. But perhaps there's more.

(3) In exchanges between Orin Kerr and others at Volokh, he usually comes out looking better, IMHO.

eta:

(4) There are other, older posts at Volokh (e.g., Jonathan Adler this morning) on the subject that are more persuasive to me than the above.