Comments on: Deference to Whom? http://www.scotusblog.com/wp/deference-to-whom/ The Supreme Court of the United States blog Thu, 26 Jun 2008 21:56:34 -0700 http://wordpress.org/?v=2.8.5 hourly 1 By: thinking toward ourselves http://www.scotusblog.com/wp/deference-to-whom/comment-page-1/#comment-7151 thinking toward ourselves Thu, 09 Jun 2005 12:51:16 +0000 http://www.scotusblog.com/wp/uncategorized/deference-to-whom/#comment-7151 <strong>Fear And Indolence</strong> Will Baude (subscription-required) puts together a picture of a more-convenient federalism post-Raich. The Court is probably reluctant to give the presence of state laws any weight in its constitutional analysis at all because it is difficult to establ... Fear And Indolence

Will Baude (subscription-required) puts together a picture of a more-convenient federalism post-Raich. The Court is probably reluctant to give the presence of state laws any weight in its constitutional analysis at all because it is difficult to establ…

]]> By: Captain Indignant http://www.scotusblog.com/wp/deference-to-whom/comment-page-1/#comment-7150 Captain Indignant Tue, 07 Jun 2005 07:30:09 +0000 http://www.scotusblog.com/wp/uncategorized/deference-to-whom/#comment-7150 Seems to me this misstates a bit the judgment California made - or, rather, petitioners' best argument that relates to a purported California judgment. The argument had to be that the California provision defined an area of non-commerce (homegrown, medical marijuana). The question is really the role of the states (none, apparently) in determining what conduct must be treated commercially, and what might exist in a noncommercial sphere. Seems to me this misstates a bit the judgment California made – or, rather, petitioners’ best argument that relates to a purported California judgment.

The argument had to be that the California provision defined an area of non-commerce (homegrown, medical marijuana). The question is really the role of the states (none, apparently) in determining what conduct must be treated commercially, and what might exist in a noncommercial sphere.

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