So they're saying that alito's dissent reasoning in Rybar was rejected by Raich?
Well Yes it most certainly was, but ONLY because Raich clearly flies in the face of Lopez, and fails to follow the stare decises precedent set by Lopez!!! So Alito was arguing FOR following precedent, whereas Raich was clearly wrongly decided, only because Scalia is a political whore for the republican's war on some drugs.
Lopez died a quick death, only because it was overturned. No they didn't expressly overturn it - they gave lip service about distinguishing cases from it. But clearly, they're full of BS, because raich is about NOTHING except intra-state activities (and not even commerce, mind you!). Lopez has been overturned de facto, if not de jure. But the scotus doesn't have the forthrightness to admit its overturned, as Thomas has pointed out in numerous dissents.
Disgusting. They're criticizing Alito for following the law, in essence, in that dissent.