Stevens on Raich
by TChris
The Supreme Court has struggled to develop a consistent Commerce Clause jurisprudence, balancing the federal legislature’s desire to enact sweeping regulation against the constitutional limits on federal power. Both the right and the left are dissatisfied with some of the Court’s Commerce Clause decisions, and Congress is irritated whenever the Court strikes down the legislation it enacts (as Arlen Specter recently made clear).
Speaking to the ABA, Justice Stevens admitted that he wasn’t happy with his vote to uphold federal regulation of pot growers who cultivate the plant for intrastate distribution as permitted by California's medical marijuana law. The Raich decision upheld the federal prohibition against a Commerce Clause challenge.
Justice Stevens said he also regretted having to rule in favor of the federal government's ability to enforce its narcotics laws and thus trump California's medical marijuana initiative. "I have no hesitation in telling you that I agree with the policy choice made by the millions of California voters," he said. But given the broader stakes for the power of Congress to regulate commerce, he added, "our duty to uphold the application of the federal statute was pellucidly clear."
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