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The Latest Breaking News from Raich

Fifth Circuit Strikes Down Federal Law Banning Home Alcohol Distilleries

The ruling holds the law exceeds Congress' authority under the tax power and the Necessary and Proper Clause. But it does not consider the Commerce Clause.

Philip Hamburger on "The Importance of Granting Cert in Canna Provisions v. Bondi"

Columbia Prof. Philip Hamburger urges the Supreme Court to hear this caseand take the opportunity to overturn Gonzales v. Raich.

The Supreme Court Should Hear Case Seeking to Overturn Gonzales v. Raich

Raich is one of the Court's worst federalism decisions, holding that Congress's power to regulate interstate commerce allows it to ban possession of marijuana that never crossed state lines, and was never sold in any market.

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First Circuit Rejects Constitutional Challenge to Federal Marijuana Prohibition

Like it or not, Gonzales v. Raich remains good law, and federal prohibition is constitutional under current doctrine.

Attorney Behind Same-Sex Marriage Revives Landmark Marijuana Case: 'Congress Has Abandoned The Goal Of Eradicating Cannabis'

Massachusetts cannabis businesses, led by David Boies, challenge federal cannabis laws in a crucial 1st Circuit appeal.

Part II: Enumerated Powers

An Introduction To Constitutional Law Video Library: Prigg v. Pennsylvania (1842), U.S. v. Dewitt (1869), Hepburn v. Griswold (1870), Knox v. Lee (1871), U.S. v. E.C. Knight (1895), Champion v. Ames (1901), Hammer v. Dagenhart (1918), Schechter Poultry Corp. v. U.S. (1935), NLRB v. Jones & Laughlin Steel Corp. (1937),…

Rekindle the Spirit of Independence by Legalizing Home Distilling

A modern legal battle challenges the federal ban on distilling alcohol at home—a favorite hobby of the Founding Fathers.

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Justice Scalia's Unpublished Dissent in Kelo v. City of New London

Justice Scalia's Unpublished Dissent in Kelo v. City of New London

Its existence was revealed when Justice John Paul Stevens' papers were made public earlier this week.

The Unprecedented Judicial Move in the Texas Abortion Pill Decision

The Unprecedented Judicial Move in the Texas Abortion Pill Decision

It’s not the FDA’s job to tell doctors what to do.

Republicans Will Have To Rely on New Deal–Era Court Precedents If They Want a Federal Abortion Ban

Republicans Will Have To Rely on New Deal–Era Court Precedents If They Want a Federal Abortion Ban

The Supreme Court said in 1942 that local activity, not just interstate activity, was subject to congressional regulation.

If Congress Bans Abortion, This New Deal Precedent Will Be at the Center of the Legal Battles

If Congress Bans Abortion, This New Deal Precedent Will Be at the Center of the Legal Battles

A 1942 decision about the Commerce Clause takes on new importance post-Roe.

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