Terry Eastland says the Raich case is difficult for conservatives and liberals alike. I think that’s true only insofar as one is reluctant to recognize that federalism means that some desired policies are beyond Congress’s reach. Alas, there are many fair weather federalists on each side of the aisle.
Eastland also suggests that cases like Raich
are easy for libertarians who don’t like the federal policies at issue. Perhaps. But were this case reversed — that is, were federal law to allow the personal, non-commercial possession of medical marijuana and were California seeking to prohibit all marijuana possession — I think that the case would be just as easy.