Jack Goldsmith's and my article with this title is now out in the Texas Law Review, as is David Post's response (many thanks for writing that, David!). Many of our readers are already familiar with it ...

Welcome back to Higher Law, our weekly briefing on all things cannabis. I'm Cheryl Miller, reporting for Law.com from Sacramento. This week we're looking at: The possible release of HHS' rescheduling ...

Few areas of law have been able to expose the contradictions of federal cannabis policy quite like the Dormant Commerce Clause. The Constitution’s long-standing rule against state economic ...

Journal Editorial Report: Paul Gigot interviews High Court specialist Ilya Shapiro. Evan Golub/Zuma Press Photo: Evan Golub/Zuma Press The Supreme Court is doing an originalist cleanup job on decades ...

[Update 4/27 - This posting has generated an unusually vigorous and enlightening discussion in the Comments section. Recommended reading.] The argument, while plausible enough, strikes me as misguided ...

When the U.S. Supreme Court hears oral arguments over the next three days in cases challenging President Obama’s national health care law, justices will wrestle with a number of complex constitutional ...

On December 29, 2022, over 18 months after cannabis became legal to sell in New York State, the first retail dispensary is scheduled to open. This begs the question – should it have taken this long?

August 2, 2023 - While we all sit around and twiddle our thumbs waiting for the Congress to de-schedule cannabis, some western states are quietly investigating the possibility of interstate cannabis ...

I was listening to the tape-delayed Obamacare oral arguments in the car Tuesday when I first heard Justice Breyer’s Commerce Clause diatribe, and I meant to post something when I got home. But after ...

WASHINGTON —When the Supreme Court upheld the 1964 Civil Rights Act, the justices said next to nothing about racial equality, the ideal that drove the landmark law's enactment. Instead, the court ...

With the cannabis industry growing rapidly and an increasing number of states legalizing the federally outlawed drug, out-of-state market participants are trying to strike down certain aspects of ...