Pesky conservative and libertarians arguing against oppressive government health and safety regulations that could cost businesses profits, and destroy jobs, right? Nope. I substituted the word [office] for “clinic.” See what I did?
Upate: Relatedly is Justice Thomas’s concurring opinion in Gonzales v. Carhart:
I also note that whether the Act constitutes a permissible exercise of Congress’ power under the Commerce Clause is not before the Court. The parties did not raise or brief that issue; it is outside the question presented; and the lower courts did not address it. See Cutter v. Wilkinson, 544 U. S. 709 , n. 2 (2005) (Thomas, J., concurring).