Here is an early account of the oral argument in Raich. It sounds tough.
Nov. 29 (Bloomberg) — Several U.S. Supreme Court justices expressed doubts that states can let seriously ill patients ease their symptoms by using marijuana, a drug the federal government has designated as illegal.
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…Justice Antonin Scalia asked Barnett how his logic would apply to federal laws protecting endangered species. Those laws ban possession of ivory or eagle feathers without regard to whether a person obtained them through interstate commerce.
“Are those laws likewise unconstitutional?” Scalia asked.
Other states that allow medical use of marijuana are Alaska, Colorado, Hawaii, Maine, Nevada, Oregon, Vermont and Washington, lawyers for the two women said in court papers.
. . .
The case is Ashcroft v. Raich, 03-1454.
UPDATE: Althouse links to an ABC account:
The Supreme Court appeared hesitant Monday to endorse medical marijuana for patients who have a doctor’s recommendation.
[post revised with further omissions] …
Justice Stephen Breyer said supporters of marijuana for the ill should take their fight to federal drug regulators before coming to the Supreme Court, and several justices repeatedly referred to America’s drug addiction problems.
Dozens of people, some with blankets, camped outside the high court to hear justices debate the issue. Groups such as the Drug Free America Foundation fear a government loss will undermine campaigns against addictive drugs.
The high court heard arguments in the case of Angel Raich, who tried dozens of prescription medicines to ease the pain of a brain tumor and other illnesses before she turned to pot.
Supporters of Raich and another ill woman who filed a lawsuit after her California home was raided by federal agents argue that people with the AIDS virus, cancer and other diseases should be able to grow and use marijuana.
Their attorney, Randy Barnett of Boston, told justices that his clients are law-abiding citizens who need marijuana to survive. Marijuana may have some side effects, he said, but seriously sick people are willing to take the chance.
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