Without Gonzales v Oregon then yes 8th and 14th arguments would fail...then feds could control medical practice and interfere with the treatment of a physician and not be subject to cruel and unusual punishment arguments made in federal prisoner case law. Raich didn't use the U.S. Prisoner case law arguments(I have the prisoner case law somewhere here)..Raich is moot now the hall of justice league just doesn't want to face fact.