Lawrence v. Texas

Key Facts– Here, Texas made it a crime to have intimate contact with members of the same sex. Lawrence appeals his conviction under the statute.

Issue– Does a statute prohibiting homosexual conduct violate the Due Process right to liberty?

Holding– Yes

Result– Law overturned

Reasoning– Sexual conduct and lifestyle choices related to it should be respected by the state. This is a part of the “realm of personal liberty which the government may not enter.” Further, there is no legitimate state interest that justifies this.

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Gonzales v. Raich

medical marijuana

Key Facts—California authorized the use of medical marijuana, in violation of Congress’s Controlled Substances Act. Nevertheless, the Drug Enforcement Agency (DEA) enforced the Controlled Substances Act in California, and raided the homes of multiple people, finding and destroying marijuana when it located it. One of the people whose marijuana was destroyed was Raich, whose marijuana use was intended to treat conditions that would otherwise be excruciatingly painful and perhaps fatal. Thus, Raich brought action against the DEA and Attorney General for violating his rights.

Issue—Does the Controlled Substances Act overrule contrary California law? If so, is the Controlled Substances Act constitutional?

Holding—Yes and yes.

Result—Judgment against the government is vacated.

Reasoning—Well-settled law on drugs settles that Congress has the power to regulate them. The Court invokes Wickard here, and says that it controls, and that Raich’s lawyers, who tried to use Lopez and Morrison as precedents here, have interpreted those cases too broadly. Though the Supreme Court has strong reservations about enforcing this law, it is within Congress’s authority to pass it.

medical marijuana rules