This morning the Supreme Court announced Gonzales v. Raich. The case upheld the federales' hassling a sick old woman by taking away her medicine, legal under state law.
This cases replaces Wickard v Filburn as the classic example of the court getting the Commerce Clause wrong. It basicly handed the feds police power over the states.
in loving memory of my friend peter mcwilliams, murdered by feds for speaking out about medicinal pot.
It was 6-3, with strong dissents from Thomas and O'Connor, who was joined by the Chief. Scalia concurred seperately.
O'Connor said she wouldn't have voted for medical marijuana, but that the voters' choice should be respected.
Thomas argued brilliantly that this isn't commerce, isn't necessary and isn't proper, so they can't use the necessary and proper clause to extend federal power.
the chief is undergoing chemo for his throat cancer, so he would have benefitted from a yes vote, but did not recuse.
