must respect some 1st Amendment rights. The rule, referred to as the "Ashcroft Directive," declared that the use of federally controlled substances to assist someone in committing suicide violates the CSA, and should not be considered a "legitimate medical purpose." A case in which the Supreme Court of the United States upheld federal limits on campaign contributions and ruled that spending money to influence elections is a form of constitutionally protected free speech. 0000001450 00000 n Document D: Schechter v U.S. (1935), Unanimous Opinion Her doctor declared under oath[4] that Raich's life was at stake if she could not continue to use marijuana. This is not a power that threatens to obliterate the line between "what is truly national and what is truly local."[11]. Raich and Monson were represented by Randy Barnett.[3]. x�b```b``~�����y�A�X؀�c�D�\�!9r��.0��z3�3\d i+g�ˤʨ�0����5�L��.����L�����1�ac|�t�a=K�:ƃ�3XUXL�1U2��c��4���I�aK [18][19][20], When C-SPAN's Brian Lamb interviewed former Justice John Paul Stevens about Stevens' book, Five Chiefs, Stevens cited Gonzales as a case in which he upheld the law even if he deplored the policy. 0000001925 00000 n Raich and Monson challenged the CSA, contending that their homegrown marijuana had no impact on interstate commerce and therefore its seizure was a violation of the Commerce Clause. 4 GONZALES v. OREGON Syllabus “public health and safety,” and “Federal law” are used in the part of the Act over which the Attorney General has authority. California was one of 14 states (now 33)[2] that allowed medicinal use of marijuana. Under a law the federal Controlled Substance Act, marijuana is a schedule one controlled substance, however under a 1996 state California law, marijuana is legalized for usage for people who have a prescription from a doctor for medical usage. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller as to the scope of gun rights in regard to the states. The parallel concern making it appropriate to include marijuana grown for home consumption in the CSA is the likelihood that the high demand in the interstate market will draw such marijuana into that market. 0000029826 00000 n Angel Raich and Diane Monson (plaintiffs) won the case. Raich, a California resident who suffers from more than ten serious medical conditions, uses medical marijuana for treatment. States with medical cannabis laws …   Wikipedia, Harry Pregerson — Infobox Judge name = Harry Pregerson imagesize = 150px caption = office = Judge on United States Court of Appeals for the Ninth Circuit termstart = 1979 termend = nominator = Jimmy Carter appointer = predecessor = (none) successor = Incumbent… …   Wikipedia, States' rights — otheruses4|the concept of states rights in U.S. law and politics|the States Rights Democratic Party |DixiecratStates rights refers to the idea, in U.S. politics and constitutional law, that U.S. states possess certain rights and political powers… …   Wikipedia, Clarence Thomas — Associate Justice of the Supreme Court of the United …   Wikipedia, Supreme Court of the United States — Infobox High Court|court name = Supreme Court of the United States imagesize = 150px caption = established = 1789 country = United States location = Washington, D.C. coordinates= coord|38|53|26.55|N|77|00|15.64|W|display=inline,title type =… …   Wikipedia, We are using cookies for the best presentation of our site. 1966 SC decision that sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel. Neutral laws of general applicability do not violate the Free Exercise Clause of the First Amendment. Document J: Gonzales v. Raich (2005), Dissenting Opinions After a hearing, Morrison was found guilty and sentenced to suspension for two semesters, but Crawford was not punished. Christy Brzonkala, a freshman at Virginia Tech, alleged that Antonio Morrison and James Crawford, two other students, assaulted and raped her. Raich and Monson sued the DEA to obtain an injunction that would inhibit the enforcement of the federal Control Substance Act (CSA) on Monson. The Supreme Court then ordered Gonzalez to explain his side. Document H: U.S. v. Morrison (2000) Case or Procedural History – Wickard v. Filburn decided that Congress can regulate purely intrastate activity that is not itself “commercial”, or produced for sale, if it concludes that failure to regulate that class of activity would undercut the regulation of the interstate market in that community See Ashcroft v. Raich, 542 U.S. 936, 124 S.Ct. Explain why the facts of Gonzales v Raich led to a different holding then Us v Lopez While Gonzalez used the commerce clause to justify marijuana prohibition, US v Lopez resulted in the Gun Free Schools Act of 1990 being struck down by SCOTUS who ruled that the bill … He was tried and convicted, but appealed his conviction on the basis that Congress did not have power under the Commerce Clause to regulate handguns. The State of New York granted Aaron Ogden a monopoly to run steamships between New York and New Jersey. Raich of Oakland, California, Monson of Oroville, California, and two anonymous caregivers sued the government for injunctive and declaratory relief on October 9, 2002, to stop the government from interfering with their right to produce and use medical marijuana claiming that the CSA was not constitutional, as applied to their conduct. The main purpose in the eyes of the Framers was to enable Congress to override protectionist trade barriers set by state governments. v. Angel McClary Raich, et al. 1989 case in which the SC struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the 1st Amendment. Gonzalez even had a newspaper interview where he proudly claims that he scored one on the Supreme Court; that the Supreme Court’s issuance of the TRO is a manifestation theta the “rich and influential persons get favorable actions from the Supreme Court, [while] it is difficult for an ordinary litigant to get his petition to be given due course”. Continuing to use this site, you agree with this. The regulation (ban on homegrown medical marajuana) is squarely within Congress' commerce power because production of the commodity meant for home consumption, be it wheat (Wickard) or marijuana, has a substantial effect on supply and demand in the national market for that commodity. as Amici Curiae Supporting Petitioners, Court to Hear Marijuana Case Legality of Cultivating Plant for Medical Use Is at Issue. A. In 1992 Alfonso Lopez, Jr. was a senior at Edison High School in San Antonio, Texas. Please join StudyMode to read the full document. One of federalism's chief virtues, of course, is that it promotes innovation by allowing for the possibility that "a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country." Court ruled that religious practices that impair the public interest do not fall under the First Amendment. Both Raich and Monson have indicated their intention to continue using marijuana for medical use, in spite of the ruling and federal law on the subject. 0000002510 00000 n II. I. Landmark case in 1971 in which the SC for the first time upheld a claim of gender discrimination. On August 15, 2002, Butte County Sheriff's Department officers and agents from the federal Drug Enforcement Administration destroyed all six of California resident Diane Monson's marijuana plants, facing light resistance. No. The government also contended that consuming one's locally grown marijuana for medical purposes affects the interstate market of marijuana and the federal government may thus regulate and prohibit such consumption. 2001 SC decision held that when a government operates a "limited public forum," it may not discriminate against speech that takes place within that forum on the basis of the viewpoint it expresses; in this case, against religious speech engaged in by an evangelical Christian club for children. The Court held that the right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the Due Process Clause of the 14th Amendment and applies to the states.

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