Also Today in California...

by Randy Barnett

The recall is not the only exciting thing happening in California. Today I am
in San Francisco to argue another medical cannabis case before the 9th Circuit
Tuesday morning. This one is Raich v. Ashcroft and you can read
about it here. Three weeks ago (the
day the petition for en banc review of the recall decision was due in the 9th
Circuit), I argued the case of href=””>U.S. v. Oakland Cannabis Buyers
. The issue in both cases is whether the enforcement of
the Controlled Substance Act–as applied to these parties–exceeds the powers
of Congress under the Commerce Clause, improperly interferes with the
traditional police power of the State of California to protect the health and
safety of its citizens (thereby violating the Necessary and Proper Clause),
and improperly infringes the fundamental rights of seriously ill people to
alleviate their pain and suffering and preserve their lives without any
compelling justification. While this case was made possible by the Rehnquist
Court’s Commerce Clause jurisprudence (e.g. U.S. v. Lopez and
U.S. v. Morrison) and its willingness to protect state sovereignty
from federal encroachment, it illustrates how the state experimentation
protected by federalism is not just for one particular ideology.

The Corner

The one and only.