Quote:
|
Originally Posted by jimpeel
The FFA is for intrastate commerce while the commerce clause is for interstate commerce....
|
And of course that raises issues of the character of intrastate commerce and the scope and reach of the Commerce Clause.
The Supreme Court's decision in
Gonzales v. Raich offers some guidance and certainly suggests that a board application of the Commerce Clause, as well as a narrow characterization of intrastate commerce, will find favor in federal court.
And these questions are in front of the Ninth Circuit now in
Montana Shooting Sports Association v. Holder (No. 10-36094). It will be interesting to see how that turns out.