Standing Akimbo, Inc., et al. v. United States
CriminalProcedure JusticiabilityDoctri
1. Should Gonzales v. Raich be overruled, i.e., whether the CSA as supplemented by the half-in, half-out regime is in excess of Congress' powers under the Commerce Clause?
2. Whether the Federal Government's implementation of the "half-in, half-out regime" prohibiting intrastate production and sale of marijuana is not necessary or proper under the Necessary and Proper Clause.
3. Did the lower court err by converting the Government's motion to dismiss to summary judgment without notice and without allowing the non-moving party to bring evidence forward?
4. Does 26 U.S.C. §280E violate the Sixteenth Amendment to the Constitution by taxing more than constitutional income?
Whether Gonzales v. Raich should be overruled