No. 22-1057

Standing Akimbo, Inc., et al. v. United States

Lower Court: Tenth Circuit
Docketed: 2023-05-01
Status: Denied
Type: Paid
Response Waived
Tags: commerce-clause controlled-substances-act federalism marijuana-regulation necessary-and-proper-clause summary-judgment tax-code
Key Terms:
CriminalProcedure JusticiabilityDoctri
Latest Conference: 2023-06-08
Question Presented (from Petition)

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?

Question Presented (AI Summary)

Whether Gonzales v. Raich should be overruled

Docket Entries

2023-06-12
Petition DENIED.
2023-05-23
DISTRIBUTED for Conference of 6/8/2023.
2023-05-17
Waiver of right of respondent United States to respond filed.
2023-04-27

Attorneys

Standing Akimbo Inc, et al.
James David ThorburnThorburn Law Group, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent