Senator Feinstein, Justice O’Connor & Federalism

by Jonathan H. Adler

Senator Feinstein begins her questioning by noting that Justice O’Connor case the fifth vote to invalidate federal statutes in United States v. Lopez and United States v. Morrison, and expressing concern about the course the Court took in those cases. She does not, however, mention that Justice O’Connor dissented in Gonzales v. Raich, arguing that the federal government lacked the commerce clause authority to regulate the intrastate possession of medical marijuana.

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