Ashcroft v Raich: Transcript of the Oral Arguments
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As readers may recall, Ashcroft v Raich was argued before the Supreme Court recently. The transcript of the oral arguments is now available. The case is an interesting one. It's a California medical marijuana case, argued by Randy Barnett of the Volokh Conspiracy on commerce clause grounds. The idea is simple: if the federal government, under the commerce clause, can regulate (ie, forbid) the in-state growth and consumption of marijuana that never crosses a state line, then it's powers are essentially limitless. The abuse of that clause is what has given us our modern government. The current court has taken steps to rein in governmental authority under the commerce clause, and for that reason this is a significant case. Speculation is that the justices are sympathetic to this line of argument. Let's hope so; it's our last, best hope for a peaceful return to a Constitutional form of government. |
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