Ex Parte: Official Weblog of Harvard Federalist Society

Monday, June 6, 2005

Good Guys lose in Raich


The Supreme Court has ruled 6-3 against Angel Raich and Diane Monson in Gonzalez v. Raich (formerly Ashcroft v. Raich) in the high profile commerce clause/medical marijuana case, ruling that the federal government may prosecute medical marijuana patients under federal drug prohibition laws, even if their use of medical marijuana is legal under state law. Their decision likely re-enforces and endorses Wickard v. Filburn, the infamous commerce clause wheat case from 1942.

John Paul Stevens wrote the opinion. Oddly, Sandra Day O'Connor wrote the dissent. The slip opinion hasn't been released on the Sup Ct website yet, so I'm not sure where each of the other justice fell, though I understand Souter and Breyer were in the majority. Might have been all "conservatives" in the dissent...

Update:

O'Connor was joined by Thomas and Rehnquist in the dissent. Thomas also filed a separate dissent. Scalia filed a concurrence. Kennedy was with the majority, sadly.

The majority opinion is available here.

O'Connor's dissent is here.

Scalia's concurrence is here.

Thomas' dissent is here.

Thanks to How Appealing for the links.