After Lopez and Morrison, some thought the Court was cutting back the commerce power broadly. Gonzales v. Raich (2005) showed where the limits stopped. The case involved a conflict between federal and state law on medical marijuana.
Why it works
Key idea
Worked example: Distinguishing Lopez
- Lopez involved possession of a gun, not economic activity, and a single-subject criminal statute.
- Raich involved producing a commodity, which is economic activity.
- It also involved a comprehensive scheme regulating a whole national market, which local exceptions would undercut.
Answer: Economic activity within a comprehensive scheme. Lopez was distinguished, not overruled.
Worked example: What Raich did not decide
- No. The case decided only whether federal law could be applied to the plaintiffs.
- States remain free to set their own criminal laws; federal and state law can differ.
- Whether to change federal law is a question for Congress.
Answer: Raich decided the reach of federal power, not the validity of the state law or the wisdom of either policy.
Common mistake
Notice the unusual line-up: Justice Scalia, often an advocate of limits on federal power, joined the result, and justices who often favor federal power formed the majority alongside him. The case shows that commerce clause votes do not always follow the patterns people expect.