Monday, June 06, 2005
Raich is in. 6-3, people lose. I'm off to read it. And Rossi loses this round in Washington State - it will go on to WA supreme court, but it looks like Gregoire the Usurper keeps her job.
As is often the case, Thomas here is both right and truest to the civil liberties set forth in the constitution. Why then is he so hated by the left? I don't know.
Thomas goes where I would, pointing out that federal regulation of homegrown medicine is neither necessary nor proper, and is not commerce, and is therefor not authorized by the constitution.
What the majority has done is to hand the feds a national police power. On remand,
plaintiffs at least get to litigate their due process and 10th A. claims - the case might not be over. Bu tit is a major setback for Reagan-era new federalism.
It will be interesting to see whether and how the Gubernator responds. There's a lot he could do, but probably won't.
As is often the case, Thomas here is both right and truest to the civil liberties set forth in the constitution. Why then is he so hated by the left? I don't know.
Thomas goes where I would, pointing out that federal regulation of homegrown medicine is neither necessary nor proper, and is not commerce, and is therefor not authorized by the constitution.
What the majority has done is to hand the feds a national police power. On remand,
plaintiffs at least get to litigate their due process and 10th A. claims - the case might not be over. Bu tit is a major setback for Reagan-era new federalism.
It will be interesting to see whether and how the Gubernator responds. There's a lot he could do, but probably won't.
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