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June 06, 2005
Medical Marijuana
For those who need background, here's the previous Althouse summary of the issues. Apparently she plans on reviewing the decision today, and posting a new analysis.
I'm not a lawyer, and I simply don't agree that growing pot for use at home is "commerce." And I think this whole affair is an egregious intrusion into state matters by the Feds.
But, you know: that's me. Just a chick with an opinion. We'll see what Ann has to say.
UPDATE: Ann's got a couple of entries up on the subject; hit her main page, and keep scrolling.
Legal Theory Blog has a lengthy discussion as to what Raich may mean for the "new federalism" doctrine the court had once been thought to be steering for in Lopez and Morrison.
One of the joyous things about following SCOTUS, rather than Congress, is that, as a rule, Justices are inclined to explain - in lengthy, written discussions - as to why they vote a certain way. I like Justice Scalia a lot; I agree with his conclusions in most cases, I agree with his thought process and legal reasoning, and I like his writing style. Thus, when he reaches - as he does today, in Raich - a conclusion stunningly at variance with not only how I would have voted but how I would have expected him to vote, I can at least read his opinion and try to understand his logic. Alas, by contrast: when my Senators vote in ways that absolutley confound me, it's rather harder to get any insight into how they arrived at that conclusion.
Today's majority surprises me, but once I've read back through the four opinions - Stevens per curiam, Scalia concurring, O'Connor and Thomas dissenting - I will doubtless have to think hard on whether I'm wrong about this.
Except for the use of Zyklon B, the so called
WAR ON DRUGS has a lot in common with the Nazi WAR ON JEWS.
The proganda is almost identical, and those who are not shot by the cops (death by delusional paranoia) are to die of "natural causes" (AIDS, TB, Hepatitas, Violence) in prison.
"Let the issues be the issue.
About Joy W. McCann: I've been interviewed for Le Monde and mentioned on Fox News. I once did a segment for CNN on "Women and Guns," and this blog is periodically featured on the New York Times' blog list. My writing here has been quoted in California Lawyer. I've appeared on The Glenn and Helen Show. Oh—and Tammy Bruce once bought me breakfast.
My writing has appeared in The Noise, Handguns, Sports Afield, The American Spectator, and (it's a long story) L.A. Parent. This is my main blog, though I'm also an alumnus of Dean's World, and I help out on the weekends at Right Wing News.
My political philosophy is quite simple: I'm a classical liberal. In our Orwellian times, that makes me a conservative, though one of a decidedly libertarian bent.
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