OpinionMeister

Tuesday, June 07, 2005

Thomas Calls it Right in Raich Case

The Supreme Court was just plain wrong to say that the Commerce Clause applies to situations where a state has legalized medical marijuana. The court has a long history, going back to the New Deal, of finding the commerce clause applicable where there is no tiny bit of interstate commerce involved.

The best argument was in a separate dissent by Justice Thomas.
Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything -- and the Federal Government is no longer one of limited and enumerated powers.

While Justice Scalia's complex concurrence tried to count the angels on the head of a pin, Justice Thomas quickly and simply got to the heart of the matter. This is typical of Thomas, and I think he has the best legal mind and best logical thinking on SCOTUS (the Supreme Court of the United States).

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