Clarence Thomas, alone but correct
Justice Thomas, dissenting:
Respondents Diane Monson and Angel Raich use marijuana that has never been
bought or sold, that has never crossed state lines, and that has had no
demonstrable effect on the national market for marijuana. If Congress can
regulate this under the Commerce Clause, then it can regulate virtually
anything–and the Federal Government is no longer one of limited and enumerated
See my colleague David Bernstein’s post at Volokh for more.