From Chris Cox, in the Daily Caller. Because this uses Congress’ 14th Amendment powers, I’m in favor of this legislation, as I believe it’s within the federal government’s powers. It does also use the commerce power, but in cases like this, when people could be facing arrest, with states choosing to challenge rather than obey, you want to have all your bases covered.
It sets up an interesting conundrum for left-leaning judges too. Currently the “herpes theory” of the commerce clause is the power that enables federal felon-in-possession laws. It’s never been used the other way, that is to enable gun rights rather than remove them. While I’d like to see the herpes theory relegated to the dustbin of history, part of me doesn’t mind extending this legal middle finger to the people who created this power, using it in a way they are probably horrified over.