7 ms·
On what grounds? It was already conclusively decided in Gonzales vs Raich.
by greenleafjacob 8y ago
On what grounds? It was already conclusively decided in Gonzales vs Raich.
- wl 8y ago2/3rds of the membership of the Supreme Court has changed since Gonzales vs. Raich. There might be more skepticism about applying Wickard here given that the majority of Americans now support legalization. It shouldn't matter in theory, but it it probably does to some extent. I could see RBG changing her vote from last time and possibly Souter as well, especially if the case could be distinguished from Wickard in such a way that doesn't call into question large swaths of the modern federal government.