Raich as Constitutional Law Doctrine
on Jun 6, 2005 at 1:47 pm
I agree with Orin’s comment below that Raich on one level seems unremarkable. But I suppose that it has received enormous attention within constitutional law circles because of the continuing uncertainty about whether Lopez and Morrison repesented just outlying data points in the structure of the Constitution or instead a serious theme that would continue to blossom to contradict much of the previous conventional wisdom about federal powers. For better or for worse, it looks like today’s opinion pretty decisively answers that question in favor of the former for the forseeable future.
