Backdoor for Infanticide?

Those bemoaning the Court's anti-infanticide decision (more accurately, the Court's deference to Congressional power, but whatever) might note that Justice Thomas concurs to draw attention to what was lacking in the briefs - a Commerce Clause argument. Anyone who knows his and Scalia's views on the Commerce Clause will know that the two cast a critical eye on federal legislation that does not obviously regulate interstate commerce. Whether the Act at issue in that case is a legitimate exercise of Commerce Clause power is in doubt.

So, cheer up, guys. Maybe you can get two principled justices to overturn the law later, on federalism grounds, and we can get back to killing viable, fully-born babies.