Monday, June 06, 2005

The answer on medical marijuana and interstate commerce

Regarding the medical marijuana case, in October 2003, I wrote in this post: "How will they distinguish the Agricultural Adjustment Act case from 1942?"

And, from today's decision in Gonzalez v. Raich, we know the answer is, Wickard is controlling, the federal power to regulate interstate commerce trumps whatever rights a state has to legalize medical marijuana.

I heard Marc Bernier's token liberal commentator, Ellen Ratner, wailing and moaning about this decision this morning on the radio. Perhaps she can't figure out which side of the bread has the butter on it; this reaffirmation of federal power is a "victory" for the "liberals," all of whom plus Justice Kennedy joined in the majority opinion in the case. Ellen shrieked, "this [medical marijuana] will never pass Congress!" The only solution for those who agree this is a problem is to vote in a different Congress. I don't see why she expected the Court to help on a question like this one, where the federal power is so entrenched in New Deal-affirming precedent.

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