Darn activist judges!

Today the SCOTUS ruled that Federal drug laws will trump state laws that allow medicinal marijuana. I found this surprising for a court that is very strong on state rights.
I'm not a huge mark for federalism but some of the Supreme Court justices really are so I wonder how they voted. According to CNN.com O'Connor, Rehnquist, and Thomas dissented. Where-o-where is Scalia? I don't always agree with Rehnquist, Thomas, or O'Connor but at least they have the stones to stick to their federalist guns!



Apparently Scalia has abandoned his Federalist brothers. (maybe he was high, Mere's joke not mine) Now, I haven't read Scalia's concurring opinion, if he wrote one, but I don't see where his consistency has gone. What happened to the Federalist judge I knew and disliked? Now he appears to be simply a conservative judge that will advocate that point of view no matter even if it completely inconsistent with approach to Constitutional law. I haven't heard cries regarding Scalia's own personal brand of activism but if we're going to label liberal judges as "activist" why not do the same for Scalia?!?!?!?!