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Federalism Up in Smoke?



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On Septeber 17th, Randy Barnett will argue before the U.S. Court of Appeals for the Ninth Circuit, that federal laws prohibiting the intrastate possession, use, and distribution of medical marijuana exceed the scope of the commerce clause and are therefore unconstitutional. He outlines the claims here, and documents related to the case are posted here. As Randy rightly notes, this case could test whether judicial federalism is for real.



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