In the News
June 16, 2005
The Jewish Federation's Legal Services Division annual Supreme Court Panel Discussion
By Mathew B. Rabin
Last night The Jewish Federation's Legal Services Division held its annual Supreme Court Panel Discussion. Judge Alex Kozinski and Judge Stephen Reinhardt represented the conservative and liberal camps, respectively. Moderating the panel was Kenneth Starr, former Whitewater independent counsel, now Dean of Pepperdine University School of Law.
The judges explored the recent US Supreme Court cases, those that have been rendered by the Court and those soon to be reviewed. The discussion was surprisingly informative; rather than an esoteric colloquy in the style of law school, the judges discussed the real-world ramifications of many of the Court's current cases, including Gonzales v. Raich. In Raich, the court concluded that the federal government does have the authority to prohibit the state-provided right to use marijuana for medicinal purposes, even when the state law allows marijuana for personal use only. This authority, the majority concluded, comes from the Commerce Clause of the Constitution, which gives the federal legislature the power to enact laws that regulate economic activity that crosses from one state to another.
Despite their polar ideologies, both Reinhardt and Kozinski concluded that the Court's decision was a break from its holdings in the 1980s and 1990s. During that time, attempts by Congress to control seemingly intra-state issues were rejected. Under Raich, it appears the Court has retracted; the Commerce Clause (vis-à-vis the Necessary and Proper Clause) may be used to regulate that which would appear to be the domain of the individual state. Both judges viewed this precedent as a tectonic shift in federal power over the states, and guessed at what other areas-including prostitution, pornography and marital sex-may be regulated the same way.
All in all, the evening was very informative and entertaining. It was refreshing to see two prominent figures of the 9th Circuit trade opinions —and barbs.
Copyright 2005 Mathew B. Rabin