[neverdem]

Remember during the 2000 presidential campaign, when Bush said that medical marijuana was a states' rights issue, and that he would not use the federal government to try to bully states into accepting federal law over the issue?

No, I don't. Anyone who does has a truly exceptional memory or is highly attached to the subject. I approve of medical marijuana. I believe the feds will lose when SCOTUS hears the case.

[Ken H]

I believe the feds will lose when SCOTUS hears the case.

Hard to predict anything with this Court, but I would guess a 5-4 against the feds.

Justice Thomas has said the "substantial effects" test of the Commerce Clause is not correct and that at the very least it needs reexamining.

What is your rationale for thinking USSC will rule against the feds?

[TKDietz]

I believe what he said when asked about medical marijuana on the campaign trail was "I believe each state can choose that decision as they so choose."

Footnote # 3 in http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=00-151

http://nl.newsbank.com/nl-search/we/Archives?p_action=list&p_topdoc=51