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0 pointswtbob9y ago0 comments

> It's already been tried and failed with medical marijuana. And, for that matter, commercial wheat farming, in Wickard v. Filburn (1942).

> It's unlikely recreational marijuana would result in a different result.

I dunno, with originalists like Thomas & (hopefully) Gorsuch it's certainly possible. Bad precedent needn't necessarily stand, after all.

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1 comments · 1 top-level

> I dunno, with originalists like Thomas & (hopefully) Gorsuch it's certainly possible.

Compared to Raich (2005), even if Gorsuch flipped from the way Scalia went you need another vote; Thomas was on the Court then so is no change.

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