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Does Lingle v. Chevron foreshadow Gonzales v. Raich outcome?

Michael Cernovich thinks perhaps yes. Quoting from Justice O'Connor's opinion in Lingle, in which she describes the "The reasons for deference to legislative judgments about the need for, and likely effectiveness of, regulatory actions are by now well established, and we think they are no less applicable here."

Cernovich, who added the emphasis, suggests:

"Seems to apply nicely to Raich, in at least two ways.  First, it's up to Congress to determine what effect, if any, homegrown marijuana will have on interstate commerce, rather than to have courts "choose between the views of two opposing economists."  Second, whether Congress should take "regulatory action" to reach Angel Raich's conduct is entitled to 'deference.'"

Posted by Laurel Newby on May 24, 2005 at 12:55 PM | Permalink | TrackBack (0)

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