June 07, 2005
High drama
So you probably saw that the Supreme Court decided that the gummint could prosecute medical marijuana users even when states have legalized its use. But did you notice who dissented? Sandra Day O'Connor, William Rehnquist, and Clarence Thomas? What the who now? Even I have to say that Clarence Thomas is sounding pret-ty rational this time around:
Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything--and the Federal Government is no longer one of limited and enumerated powers.
Read his full dissent here.
(Link via Boing Boing.)
Posted by Francis at 11:41 AMComments
That was my initial response, too. But, really, those are three of the most state's-rights-oriented justices on the Court, so it shouldn't be that surprising. Plus you just know Rehnquist is wishing he could get some of that medical marijuana for himself.
Posted by: Scott at June 7, 2005 02:43 PM