Re:U.S. To End Policy That Let Legal Pot Flourish
by dragonwriter on Thursday January 04, 2018 @11:38AM
(#16071668)
Roe isn't based on the commerce clause, so overturning Raich's Commerce Clause application wouldn't be particularly relevant to it.
OTOH, dodging the Commerce Clause and adopting a broad 10th Amendment interpretation might affect Roe, but a 10th Amendment interpretation powerful enough to affect otherwise Constitutional federal legislation (which Roe is not) would have broad and severe effects on federal power generally, far beyond marijuana policy and Roe.
OTOH, dodging the Commerce Clause and adopting a broad 10th Amendment interpretation might affect Roe, but a 10th Amendment interpretation powerful enough to affect otherwise Constitutional federal legislation (which Roe is not) would have broad and severe effects on federal power generally, far beyond marijuana policy and Roe.