Monday, June 13, 2005

Weekly question: Supreme Court

The Supreme Court has decided that Congress can regulate medical marijuana.

Scalia voted in the majority.  The case does seem inconsistent with Lopez and Morrison.  Is this an example of Scalia's ideologically driven agenda or is Scalia's position truly reconcilable with his federalism votes?  Should we consider Scalia's vote a safe state rights' vote in the environmental/resource realm or will Scalia's decisions depend upon whether the state is being "too green."

Any thoughts?  E-mail me and I'll collate and post.

Link: The Rehnquist Court and Its Imperiled States' Rights Legacy - New York Times.

http://lawprofessors.typepad.com/environmental_law/2005/06/weekly_question.html

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