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Gonzales v. Raich

Docket No.: 03-1454
Certiorari Granted: Jun 28 2004
Argued: November 29, 2004
Decided: June 6, 2005

Topics:

21 U.S.C. 801, Federalism, Antitrust, Article I, Commerce Clause, abuse of discretion, endangered species

PartyNames: Alberto R. Gonzales, Attorney General, et al. v. Angel McClary Raich, et al.
Petitioner: Alberto R. Gonzales, Attorney General, et al.
Respondent: Angel McClary Raich, et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 352 F3d 1222
Supreme Court Docket

Alberto R. Gonzales, Attorney General, et al.
v.
Angel McClary Raich, et al.
545 U.S. 1 (2005)
Question Presented:

Whether the Controlled Substances Act, 21 U.S.C. 801 et seq., exceeds Congress's power under the Commerce Clause as applied to the intrastate cultivation and possession of marijuana for purported personal "medicinal" use or to the distribution of marijuana without charge for such use.

Question:

Does the Controlled Substances Act (21 U.S.C. 801) exceed Congress' power under the commerce clause as applied to the intrastate cultivation and possession of marijuana for medical use?

Gonzales v. Raich
ORAL ARGUMENT

November 29, 2004

Holding: vacated and remanded
Decision: Decision: 6 votes for Gonzales, 3 vote(s) against
Vote: 6-3
Opinion By:

Gonzales v. Raich
Case Documents

1Opinion in Gonzales v. Raich
2Opinion in Gonzales v. Raich
Additional documents for this case are pending review.