Monday, June 28, 2004

Congratulations to Randy Barnett


The Surpremes have agreed to hear the medical marijuana case, Raich v. Ashcroft. Randy has been representing the plaintiffs, who argue that Congress lacks power under the Commerce Clause to regulate certain private uses of medical marijuana (the patients grew it themselves or it was given to them for free). The case will test the scope of the Commerce Power after Lopez and Morrison.

UPDATE: Boy is my face red. I had forgotten that Randy won below in the 9th Circuit, so I'm sure he doesn't feel like being congratulated on the Court granting certiorari. But on the bright side, he'll be able to write a Supreme Court brief in one of the most important cases of next Term and maybe he'll even get to argue before the Justices.


But he won at the Ninth Circuit.

I fear that this case is too perfect for them. The 5 can use it as cover to expand Lopez and Morrison while favoring a left wing cause. They can strike a pose of not being 'result oriented' in the case at hand while striking a crushing blow to the power of the federal government.

I'd be careful ... would they really vote Randy's way? The 9th Circuit has been using Lopez for libertarian ends, but it remains to be seen if the Supremes will follow. The 9th has a bad track record as shown by the other marijuana case overturned by the Supremes a few years back.

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