The mixed legal status of cannabis has divided circuit courts over whether state and local regulation of dispensary licenses ...

[Jack Goldsmith and I will have this article out in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any ...

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 ...

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 ...

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 ...

We have an update about the recent lawsuit challenging the constitutionality of the Maryland Cannabis Administration’s (MCA’s) Social Equity Program. To recap, on January 26, 2024, a California-based ...

This article was originally on a blog post platform and may be missing photos, graphics or links. See About archive blog posts. Time will tell whether Wednesday’s Supreme Court ruling on ...

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 ...

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 ...

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 ...

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 ...