Today in Supreme Court History: June 6, 2005

6/6/2005: Gonzales v. Raich is decided.

Comments

[Dan Schiavetta]

Gonzalez v. Raich, 545 U.S. 1 (decided June 6, 2005): Commerce Clause allows Congress to criminalize home grown cannabis even if state allows it for medicinal use; "might" be used in interstate commerce or be part of interstate market (Wickard v. Fillburn lives!)

Monell v. Dep't of Social Services, 436 U.S. 658 (decided June 6, 1978): §1983 suits can be brought against municipalities but only for policies (not acts) that discriminate (here, New York City policy forcing female teachers to take unpaid maternity leave even while still able to work)

Ross v. Blake, 578 U.S. 632 (decided June 6, 2016): prisoner assaulted by guard is required by the strict language of the Prison Litigation Reform Act to exhaust administrative remedies before bringing 42 U.S.C. §1983 suit though not if remedies are unavailable

McIntyre v. Ohio Elections Comm'n, 514 U.S. 334 (decided June 6, 1995): Ohio statute forbidding anonymous campaign literature being handed out on political questions (here, leaflets to parents as to proposed school tax) invalidated under First Amendment (would Ohio have banned all those anonymous handbills during the Constitution ratification debate?)

Scarborough v. United States, 431 U.S. 563 (decided June 6, 1977): Congress had Commerce Clause authority to count possession of firearms as aggravating factor in drug possession prosecution despite fact that firearms were possessed before the drug offense and no contemporaneous nexus between their being in interstate commerce and drug possession

Sheppard v. Maxwell, 384 U.S. 333 (decided June 6, 1966): conviction after well publicized murder trial vacated because judge took no steps to minimize effect of publicity on jurors (did not exclude media, did not sequester jurors)

Alabama Power Co. v. Davis, 431 U.S. 581 (decided June 6, 1977): pension must credit time spent in World War II military service (citing Military Selective Service Act) because "reasonable certainty" shown that claimant would have continued working for same employer during that time (he went right back to them after war was over)

Pickett v. Brown, 462 U.S. 1 (decided June 6, 1983): Tennessee law providing that any action to establish paternity be brought within two years of birth violated child's Equal Protection right due to practical burdens of mother suing within that time

[DaivdBehar]

The theme? The Supreme Court is totally biased in favor of the party that writes its salary checks. Ignore the plain language of the constitution and common sense to rule in its favor. Just paid rent seekers without validity, deserving no respect.

A Judiciary Act should mandate Congress impeach Justices for their awful decisions. Inability to read the plain high school level English of the constitution is a disqualification. One plain sentence gives legislative power to the Congress. The Court cannot overturn a law. If you people want judicial review, permit it in a new Amendment. That sentence also prohibits any rule making by the Executive. Let Congress aporove the Federal Register every year, after being forced to read every inscrutable word into the record.

[John F. Carr]

I found _Gonazles v. Raich_ notable for the coalition of "red state" attorneys general who supported California's right to be debauched and depraved.

[Dan Schiavetta]

Scalia, in the majority, previously had no use for Wickard. Now, suddenly . . . ! He didn't write a concurrence but hid behind Stevens's majority opinion.

[Syd Henderson]

This was one of two cases (the other was Kelo) at about the same time where Thomas dissented and his dissents were better argued than the majority opinion. I assume he doesn't like Wickard either,

[Dan Schiavetta]

Sorry, I'm wrong -- Scalia did issue a concurring opinion. But he stuck Wickard in a footnote and his quick analysis of it is lame.