Supreme Court of the United States
Gonzales v. Raich — Thomas, J., Dissenting
June 6, 2005545 U.S. 1
Summary
Justice Thomas, dissenting, argues that Congress lacks the power under the Commerce Clause and Necessary and Proper Clause to regulate respondents’ noncommercial, intrastate cultivation and consumption of marijuana. He contends the majority abandons constitutional limits on federal power by expanding the definition of commerce and misapplying the substantial effects test. He would affirm the Court of Appeals. Justice O’Connor dissents on federalism grounds, and Justice Scalia concurs in the judgment, relying on the Necessary and Proper Clause.