STEPHEN REINHARDT, ARCH-FEDERALIST: This 9th Circuit opinion says that non-commercial kiddie porn can’t be regulated by Congress under the Commerce Clause. I’ve barely skimmed the opinion, but I note that the Sixth Circuit, in U.S. v. Corp held the same thing, and the opinion was written by Harry Wellford, a rather conservative judge.

Reinhardt’s evil hidden agenda, however, was no doubt to render my latest law review article — which just came out a couple of weeks ago and deals with the general reluctance of Federal appellate courts to take Commerce Clause limitations seriously — immediately obsolete. Oh, well: you want timeliness, read the blog. Er, which you are, of course.

(Via The Volokh Conspiracy).