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Originally Posted by gargamel
That's basically what they decided with regards to marijuana in Gonzales v. Raich. Kennedy and Scalia wanted to ban marijuana so they fudged their way through the legal reasoning to make it happen. They came out the other way in U.S. v. Morrison and U.S. v. Lopez though, because they didn't like the laws at issue there. Something tells me that they won't like this health care bill, but there's precedent to support either outcome at this point.
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Yeah, I just got finished reading about the legal marijuana issue.
It really could go either way. Like I said, in a legal sense....it certainly isn't black and white.