Syllabus opinion stevens concurrence scalia dissent oconnor dissent thomas html version pdf version. In relevant part, the supreme court held that the controlled substances. It reasoned that since marijuana sales are part of a national market, marijuana possession can be. Raich opinion pdf california voters passed proposition in, allowing qualified patients to cultivate and use marijuana for designated medical illnesses. In 1996 california voters passed the compassionate use act, legalizing marijuana for medical use. Lexis 4656 brought to you by free law project, a nonprofit dedicated to creating high quality open legal information. Gonzales v raich what students are saying as a current student on this bumpy collegiate pathway, i stumbled upon course hero, where i can find study resources for nearly all my courses, get online help from tutors 247, and even share my old projects, papers, and lecture notes with other students. Her doctor stated that she would be in extreme, lifethreatening pain if she did not use the marijuana as allowed under the california compassionate use act oyez.
Among other vices, it seriously misreads the supreme courts decision in gonzales v. As a current student on this bumpy collegiate pathway, i stumbled upon course hero, where i can find study resources for nearly all my courses, get. N the united states court of appeals cato institute. The parties have not filed a status report or motion. These caregivers also process the cannabis into hashish or keif, and raich herself processes some of the marijuana into oils, balms, and foods for consumption. The court found the federal law valid, although the marijuana in question had been grown and consumed within a single state, and had never entered interstate. Raich marks a watershed moment in the development of judicial federalism.
Federalism as a casualty of the war on drugs the supreme courts recent decision in gonzales v. In the united states court of appeals for the ninth circuit angel mcclary raich, et al. To reverse this dangerous drift, this court does not need to overrule raich. Case briefs have just recently begun to come in for case brief summary. Indeed, reading the interstate commerce clause as broadly as the raich. Speedy gonzales, animated cartoon character in the warner brothers looney tunes. Raich, 1 a case that addressed the constitutionality of the federal controlled substances act csa as applied to individuals who grow marijuana for personal and medical use under californias compassionate use act cua.
Plaintiffappellant angel mcclary raich raich is a actual injury traceable to the defendant and likely to be. In 19, california was one of the first states to prohibit the sale and possession of marijuana,2 and at the end of the century, california became the first state to authorize limited use of the drug for medicinal purposes. Stevens argued that the courts precedent firmly established congress commerce clause power to regulate purely local activities. Gonzales horse 1977 after 1996, an americanbred thoroughbred racehorse. Without the benefit of either raich or maxwell ii, the district court denied appellants motion to. Raich legal information institute cornell university. On june 6, 2005, the supreme court vacated and remanded this courts decision. In a 63 opinion delivered by justice john paul stevens, the court held that the commerce clause gave congress authority to prohibit the local cultivation and use of marijuana, despite state law to the contrary. Subsequently, the dea raided monsons house and destroyed some one her marijuana. The history of medical marijuana and the commerce clause rory s.
Relief sought justice antonin scalia wrote a concurring opinion concluding that congress has the authority to regulate the medical use of marijuana even if it is through a different constitutional interpretation. In california, the state enacted the compassionate use act in 1996, which allowed the use of medical marijuana to individuals in california who needed it for medical reasons. To effectuate the statutory goals, congress devised a closed regulatory system making it unlawful to manufacture. The case reached the supreme court in 2004 as gonzales v. Congress enacted the controlled substances act csa, which categorized illegal drugs into various categories and restricted the possession, selling, and purchasing of these substances. Raich marks a watershed moment in the development of judicial. The court found the federal law valid, although the marijuana in question had been grown and consumed within a single state, and had never entered interstate commerce. Raich uses medical marijuana because she is very ill. Raich,21 and the compassionate use act22 of california, which led to the conflict in raich. Raich, which i litigated on behalf of angel raich and diane monson from the filing of the complaint to the. Raich provides an opportunity to reflect on the rehnquist courts apparent run at establishing a judiciallyenforceable federalism. The latest developments in the war on drugs, september 2006.
Raich, which i litigated on behalf of angel raich and diane monson from the. Facts angel raich, a california resident, grew marijuana for her personal medical use. Alberto gonzales, as united states attorney general, et al. If you are having problems downloading any of the pdf files, please use this link to update your adobe. February 3, 2005, the supreme courts ruling will be titled. One california resident, raich, grew marijuana for her personal medical use. Raich alleges that she is unable to cultivate her own marijuana and that she obtains marijuana free of charge from two caregivers, respondents john doe number one and john doe number two, who are also residents of oakland, california, and who sued anonymously to protect raichs marijuana supply. Justice scalia filed a concurring opinion, justice. On june 6, the united states supreme court decided gonzales v. Raich, a case that addressed the constitutionality of the federal controlled substances. Opinion, stevens html pdf concurrence, scalia html pdf dissent, oconnor html pdf dissent, thomas html pdf gonzales, attorney general. Indeed, raichs physician believes that forgoing cannabis treatments would certainly. Working to reform marijuana laws the national organization for the reform of marijuana laws.
Angel just spoke to a large crowd of media reporters and shes now on her way to another press conference put on by angel wings patient outreach, inc. Angel raich and diane monson, california residents who use medical marijuana, brought an action to enjoin the attorney general of the united states and the head of the dea seeking an injunctive. Federalism as a casualty of the war on drugs cornell journal of law and public policy, vol. They may expand on this graph as they study the constitutional principle of federalism in the remaining lessons in this unit, gonzales v. Have students collect and analyze current events articles related to the necessary and proper clause. Through the controlled substances act, congress has comprehensively regulated the national market in drugs with the potential for abuse. On june 6, 2005, the united states supreme court decided gonzales v.
Nebraska and oklahoma are misreading raich the washington post. Users and growers of marijuana for medical purposes under california compassionate use act sought declaration that controlled substances act csa was unconstitutional as applied to them. The compassionate use act is in direct conflict with the federal controlled substances act csa which classifies. Raich 2005, justices scalia and kennedy departed from their previous positions as parts of the lopez and morrison majorities to uphold a federal law regarding marijuana. Fearing a raid in her residence, raich brought this action declaring that the controlled substance act was an unconstitutional restrained on her fundamental rights. A case study presented by vachette pathology and south bend medical foundation mick raich, ceo, vachette pathology trish hankila, vice president finance, sbmf 2 3. Respondent raich, by contrast, is unable to cultivate her own, and thus relies on two caregivers, litigating as john does, to provide her with locally grown marijuana at no charge. Justice stevens delivered the opinion of the court. Oconnor filed a dissenting opinion joined by justice thomas and. Learn vocabulary, terms, and more with flashcards, games, and other study tools. It has been accepted for inclusion in this collection by an authorized administrator. Supreme court, the parties shall file a status report or a motion for appropriate relief.
California has been a pioneer in the regulation of marijuana. Many observers of raich were surprised that justice scalia concurred separately in support of congresss power to regulate and ban homegrown 1 125 s. In 19, california was one of the first states to prohibit the sale and possession of marijuana,2 and at the end of the century, california became the first state. Dec 19, 2014 among other vices, it seriously misreads the supreme courts decision in gonzales v. Angel mcclary raich after the united states supreme court hears her case no. Denial and appeal tracking ar 30210 rolling, days by dos dob. Works cited rotator cuff syndrome allergic to narcotics and.
Introduction from 1937 to 1994, the supreme court upheld every single application of congresss power that was challenged under the commerce clause. Federalism as a casualty of the war on drugs,cornell journal of law and public policy. Californias law conflicted with the federal controlled substances act csa, which banned possession of marijuana. In 1996 california passed the compassionate use act, legalizing marijuana for medical use when approved by a doctor. Accordingly, plaintiffs are under the impression that, pursuant to this.
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