Columbia law Prof. Philip Hamburger - one of the nation's leading constitutional law and administrative law scholars - saw my post urging the Supreme Court to consider the case of Canna Provisions, Inc. v. Bondi and use it to overrule Gonzales v. Raich (2005). He asked if I could post his own piece outlining additional reasons why the Court should take this case. I am happy to oblige! The material that follows is by Philip Hamburger, not me (Ilya Somin):
The Supreme Court will soon have an opportunity to reconsider its Gonzales v. Raich rational-basis test. This important chance to recalibrate, as Ilya Somin recently noted, comes in the Canna Provisions v. Bondi cert. petition. The Court in Raich held that judges "need not determine whether [the regulated] activities, taken in the aggrega

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