Dark Justice -- Chapter 25
Level of Review in Commerce Clause Cases

Gonzales v. Raich

In a 6-3 opinion authored by Justice Stevens, the Supreme Court sided with the government in Gonzales v. Raich (formerly Ashcroft v. Raich).  Supreme Court experts had predicted a 9-0 or 8-1 victory for the government, so in a sense, this is a victory for enumerated powers advocates and social justice.

Justice Stevens and the other liberals on the Court have continually overlooked the fact that the federal criminal justice system falls disparately upon blacks.  A win for Raich would have meant fewer federal criminal laws.  But that would not be.

The majority opinion is available hereJustice Scalia's concurring opinion is here.  Justice O'Connor wrote a dissentening opinion.  Justice Thomas wrote a separate dissenting opinion.

UPDATE: Don't miss my comprehensive post on Raich, which is available here.