Hacker News new | ask | show | jobs
by cryptonector 780 days ago
The SCOTUS had its "federalism revolution" in the 90s, and it ended in the Raich case when Scalia decided that leaving drug policy to the States was too much.

Under current precedents all the State decriminalization of marijuana and other drugs that we've seen are all unconstitutional. It was the liberal justices + Scalia who made it so. Those State laws decriminalizing various drugs are being tolerated by the feds -- for now.

The federalism revolution and its opposite both cut both ways.

On the whole I would prefer that the court resume its federalist revolution, even though some results I wouldn't like.