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View Diary: Getting It: Interstate Commerce & the New Deal (290 comments)

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  •  Raich (none)
    I couldn't find the SCOTUS brief for respondents in Raich (dunno why), but I did find the 9th Circuit brief. And indeed (not that I had any reason to doubt you), you are right that they argued that Wickard didn't apply. I grant that if you could persuade a court - as Raich did at the 9th Circuit - that Wickard doesn't apply, then you can leave Wickard undisturbed.

    However, in the dissent in the 9th Circuit opinion, Judge Bream said he was not able to distinguish the Raich situation from Wickard. So if that view were to hold at the SCOTUS, then you would have to convince the Supremes to overturn Wickard if you wanted to prevail in Raich.

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