Government Appeals Raich v. Ashcroft: On Tuesday, the Solicitor General petitioned the Supreme Court for a writ of certiorari in my medical cannabis case of Raich v. Ashcroft. Although I am not surprised, I admit to being disappointed that Ted Olson did not see this case as an opportunity for advancing the limited reading of the Commerce Clause advanced in U.S. v. Lopez and U.S. v. Morrison. Despite the constraints he is undoubtedly under to contest a lower court ruling finding a federal statute unconstitutional in part, I won’t make excuses for him–any more than I did for President Bush signing McCain-Feingold into law.
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