I thought it would be a cold day in hell when I agreed with anything emanating from the deeply disturbed Clarence Thomas. But in today's
medical marijuana case, Clarence T. got one right.
Arguing against the majority, Thomas notes that an individual growing six marijuana plants for their own consumption is not "commerce" (and certainly not interstate commerce) by any reasonable interpretation.
Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything--and the Federal Government is no longer one of limited and enumerated powers.
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Rest assured that the Bush Administration will use this ruling to continue sticking the Feds' nose in your bedroom, computer and other business. This ruling does not bode well for Oregon's Death with Dignity Act either, which has provided relief for terminally ill patients. It's a sad day when Clarence Thomas is the most eloquent advocate for controlling the reach of govt into people's lives.
(It's also interesting to note that Scalia--concurring with the majority--does not rely on his usual snide and sarcastic tone. Maybe Antonin only gets pissy and defensive when in the minority.)