If the Court finds against the defendant in Raich, that means that Interstate Commerce will be carried out to the extreme even if it means violating every Amendment of the Constitution. If the court decides for Raich, then they decide the opposite for Stewart, then there is a disparity in the law that can be challenged...
The case is all about interstate commerce... that is the key.
Mike
It would not surprise me at all if the court rules in favor of the government and then dodges the issue of interstate commerce, by claiming a "compelling state interest" in keeping marijuana illegal.