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To: Mikse
But I thought the supreme court was full of activist liberal judges! Confused...

Maybe the legal issue was pretty clear, for once.

31 posted on 06/06/2005 7:27:54 AM PDT by Oberon (What does it take to make government shrink?)
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To: Oberon

The Supreme Court ruled 6-3 on Monday that Congress had the authority to make it a crime to grow and use marijuana purely for personal medical purposes when recommended by a doctor. In an opinion written by Justice John Paul Stevens, the Court overturned a Ninth Circuit ruling that the federal Controlled Substances Act of 1970 exceeded Congress' Commerce Clause power when applied to medical marijuana used under California law.

The Court relied, as the Justice Department had urged in its appeal, upon the Court's sweeping endorsement of federal Commerce Clause power in the 1942 case of Wickard v. Filburn.

"The case," Stevens wrote, "comes down to the claim that a locally cultivated product that is used domestically rather than sold on the open market is not subject to federal regulation. Given the Act's findings and the undisputed magnitude of the commercial market for marijuana, Wickard and its progency foreclose that claim."


35 posted on 06/06/2005 7:29:06 AM PDT by Founding Father ( Republicans control the Oval Office, Senate and House, but still can't govern.)
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