Bench Memos

NRO’s home for judicial news and analysis.

Randy Barnett’s Article Today


Kudos to Randy Barnett for today’s NRO piece. However, two minor areas of disagreement. I don’t see liberal distress with Stevens’s position; I see the opposite. And I don’t see the cause of medical cannabis receiving any lift here. Indeed, perhaps Kennedy and others in the majority were motivated to reach a bad constitutional result because of their discomfort with the product, as illogical as that may be in this case. But this is a definite and significant setback. Nonetheless, Randy’s advocacy was outstanding.


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