4 ms·
A better, more modern citation would be Gonzales v. Raich (2005), which upheld federal power to prohibit homegrown cannabis, even in a situation where it was st
by wahern 7y ago
A better, more modern citation would be Gonzales v. Raich (2005), which upheld federal power to prohibit homegrown cannabis, even in a situation where it was stipulated (IIRC) that Raich's marijuana would never leave her house. https://en.wikipedia.org/wiki/Gonzales_v._Raich https://en.wikipedia.org/wiki/Gonzales_v._Raich
Notably, both Justice Kennedy and Justice Scalia voted in the majority. Chief Justice Rehnquist was as apoplectic about that vote as Kennedy and Scalia were when Chief Justice Roberts sided with the majority to uphold the Obamacare individual mandate.
IMO, the liberal majority had the better argument on the individual mandate precisely because Scalia and Kennedy couldn't bring themselves to draw a line at homegrown cannabis. They were stuck relying on a ridiculous theory about affirmative obligations as they had already blew their chance at cabining the reach of interstate commerce, per se.