Well considering that Gonzales v. Raich was about completely intrastate medical marijuana and found the intertstate commerce clause extended that far in a 6-3 decision, I don't think I'd want SCOTUS to explore that legal angle.
IIRC, Stevens is the only Justice gone from the majority in Raich and Thomas is the only Justice left from the dissent. Next time around we might not do as well as 6-3.
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