There was serious skepticism at that time that the lawsof the state where the DAPT was formed would trump for choice-of-law purposes the lawsof where the debtor or trust assets were located.
He gave no indication that this principle should apply to choosing which set of state laws a firm subjects itself to through its choiceof incorporation.
Faced with the choiceof setting tighter limits on Congressional power or upholding a national scheme of drug-enforcement laws, Scalia voted for law enforcement.