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Commerce Clause: Cases
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In 1937, the Court upheld the National Labor Relations Act, which compelled employers to engage in collective bargaining, holding that the commerce clause subsumed those things "affecting commerce." In the particular case, the Court said that phrase meant "tending to lead to a labor dispute burdening or obstructing commerce."
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Roberts' commerce clause view isn't just narrow; it's virtually microscopic. In Roberts' own words, this case was about simply "the taking of a hapless toad" -- not about a developer's project clashing with the survival of an endangered species.
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There's no doubt that this case hangs fairly completely on the commerce clause argument. However, the respondents are allowed to bring up other arguments that had been properly brought up in the lower courts. There are two.
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