The Corner

Also Today in California…

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 <a

href=””>U.S. v. Oakland Cannabis Buyers

Cooperative. 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.

Most Popular


Jonathan Swift in a White Suit

In 1965 Tom Wolfe visited Princeton University for a panel discussion of "the style of the Sixties." The author of The Kandy-Kolored Tangerine-Flake Streamline Baby, published that year, was scheduled to appear alongside Günter Grass, Allen Ginsberg, and Paul Krassner. Grass spoke first. The German novelist's ... Read More

In Appreciation, and against (Too Much) Nostalgia

To put it a little self-pityingly: It seems that my gurus are going, and the world’s. Richard Pipes, the great historian of Russia and the Soviet Union, died on Thursday; Bernard Lewis, the great historian of the Middle East, died yesterday. We had them both for a long time. Pipes was born in 1923, Lewis way ... Read More
Law & the Courts

This Day in Liberal Judicial Activism—May 20

1996—What’s one way to deal with unhelpful precedent? Just ignore it entirely, as Justice Kennedy’s majority opinion in Romer v. Evans does. In 1986 the Supreme Court ruled in Bowers v. Hardwick that it is constitutionally permissible for states to make homosexual conduct criminal. A decade later, the Court ... Read More

Comedians Are Catching On

The comedians are beginning to catch on. Over the weekend -- just one week after featuring a bevy of top-line Hollywood stars impersonating members of the Trump administration, as well as a cameo by a vengeful Stormy Daniels asking for President Trump’s resignation -- Saturday Night Live finally acknowledged ... Read More
PC Culture

The Nature of Progressive Insensitivity

Former vice president Joe Biden is back in the news yet again. For a second time, he seems surprised that poor residents of the inner city are capable of doing sophisticated jobs: We don't think ordinary people can do things like program, code. It's not rocket science, guys. So, we went and we hired some folks ... Read More

The Feminization of Everything Fails Our Boys

Let me share with you two troubling — and, I believe, closely linked — news reports. The first, from this weekend, comes courtesy of the American Enterprise Institute’s Mark Perry. In one chart, he highlights the dramatic and growing gender gap in higher education. In short, women are dominating: ... Read More