Relentless Pursuit of Wisdom and Liberty

The weblog companion of, dedicated to pondering, "If Patrick Henry could see us now..."

Thursday, June 16, 2005

And now the bad news: Raich claims its first victim

I know I said I was done talking about Raich, but this just has to be said. Via Of Arms and the Law:A Ninth Circuit court decision, U.S. v. Stewart, upheld the conviction of a man for possessing a firearm while being a convicted felon, but specifically ruled that the activity of building his own firearm for personal use only (even though it was a fully-automatic machine gun) was out of reach of regulation by Congress via the Commerce Clause. The Supreme Court has just vacated that decision and remanded it back to the Ninth Circuit for reconsideration, and yes, the direction actually quotes Raich:
The judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Gonzales v. Raich
One almost gets the impression the Supremes were waiting on reviewing Stewart until after they ruled on Raich, just so they could vacate Stewart just by quoting themselves.

If anyone still thinks the Raich decision was all about marijuana, they'd better wake up.


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