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Dangerous implications of the Nebraska-Oklahoma lawsuit against marijuana legalization in Colorado
The Volokh Conspiracy ^ | December 19, 2014 | Ilya Somin

Posted on 12/19/2014 10:16:21 PM PST by right-wing agnostic

Co-blogger Jonathan Adler and Vanderbilt law professor Robert Mikos have pointed out some of the flaws in the lawsuit filed by Nebraska and Oklahoma urging a federal court to invalidate marijuana legalization in neighboring Colorado. In the unlikely event that the plaintiff states prevail, they will also have set a very dangerous precedent – one that conservatives are likely to rue in other areas.

Nebraska and Oklahoma argue that Colorado’s decision to legalize marijuana under state law, in the face of continuing federal prohibition, harms neighboring states because it facilitates the flow of marijuana across their borders and may increase crime there. Liberal states with strict gun control laws raise exactly the same complaints about the flow of guns from neighboring conservative states with relatively permissive firearms laws. If Nebraska and Oklahoma can force Colorado to criminalize marijuana under state law because the federal government has done so under federal law, then Maryland can force Virginia to ban any gun sales that are restricted under federal law. Liberals have, in fact, advocated the enactment of stronger federal gun control laws for years. The same goes for conservative states that have less restrictive labor regulations or environmental regulations than neighboring states do.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Local News; Society
KEYWORDS: cannabis; colorado; federalism; litigation; marijuana; pot; wod
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To: ansel12

That idiotic response barely deserves a response. But you are sadly mistaken if you do not think leftist states cannot “prove” in the leftist fed courts that states with strict abortion laws are somehow costing them money. And they will also be able to prove Texas fracking is hurting them.
The Fed courts ruled that a coal fired plant in Texas emitting Co2 was melting the polar icecaps and therby violating the endangered species act, but endangering polar bears that aren’t endangered. THAT is the court system we are up against.
You are deluded if you think this will be a way Oklahoma can fight pot in Colorado, and that it will all end with that.


21 posted on 12/19/2014 11:49:50 PM PST by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office.)
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To: DesertRhino

My response wasn’t idiotic, yours was.

You tried to compare the growing and cultivation, and transportation of drugs to abortion, as though abortion is something that you can slip into your shaving kit.


22 posted on 12/19/2014 11:58:07 PM PST by ansel12
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To: ansel12

Dream on sport, if you think leftist states, in leftist courts cannot show that strict abortion policies in one state negatively impact a neighboring state. Stick to sheepdogs, the law eludes you.
Besides, Oklahoma has no business writing laws in other states. Play this game and be prepared for Colorado to start writing some Oklahoma law.


23 posted on 12/20/2014 12:02:17 AM PST by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office.)
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To: right-wing agnostic

This path in the law will hurt gun rights, fracking, abortion, water, farming, and a thousand other areas we can scarcely imagine yet. But make no mistake.
If this lawsuit wins, there will be leftist states LINING UP to sue conservative states for a thousand things that “affect” them. And they will win.


24 posted on 12/20/2014 12:05:47 AM PST by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office.)
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To: DesertRhino

Your being silly doesn’t make it real.

Whatever pro abortion argument you are attempting to make, it isn’t working.


25 posted on 12/20/2014 12:08:05 AM PST by ansel12
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To: right-wing agnostic

Guns are legal, drugs are not so apples and oranges comparisons are something conservatives should rue? Conservatives have had enough of liberal antics.


26 posted on 12/20/2014 12:18:05 AM PST by Jumper
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To: Jumper

Guns, freedom of speech, religion, but drugs and abortion, and gay marriage, are a more difficult argument.


27 posted on 12/20/2014 12:23:27 AM PST by ansel12
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To: ansel12

Hey jerk, don’t put words in my mouth. In no way am I pro abort and said nothing in favor of abortion. I’m saying that the legal theory of Oklahoma to stop Colorado pot will be used by the left to advance abortion and numerous other leftist policies.
Its a bad idea, and the Feds will love it as it will vastly increase their power.


28 posted on 12/20/2014 12:33:44 AM PST by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office.)
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To: Jumper
Guns are legal, drugs are not...

Some guns are not legal under federal law, via the Commerce Clause. A few state legislatures are beginning to tell the feds to butt out of their internal gun policies. Missouri comes to mind.

So do you support the expansive Commerce Clause over the 10th Amendment in those cases?

29 posted on 12/20/2014 12:36:47 AM PST by Ken H
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To: DesertRhino
I’m saying that the legal theory of Oklahoma to stop Colorado pot will be used by the left to advance abortion and numerous other leftist policies.

Huh?

You think that a pusher goes to a state and buys abortion and brings it back to another state?

You think that a state can sit in the middle of other states, and grow abortion, have planes fly in abortion, and then disperse it throughout the interstate freeway system and highways, airlines, bus systems and trains, across the borders into other states?

30 posted on 12/20/2014 12:40:30 AM PST by ansel12
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To: Ken H

I support the constitutional protection of gun rights.

I’m less sure about 1790 America protecting abortion, gay marriage and doper rights.


31 posted on 12/20/2014 12:42:42 AM PST by ansel12
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To: ansel12

Do you support the original intent of the Commerce Clause and Tenth Amendment as well?


32 posted on 12/20/2014 12:45:05 AM PST by Ken H
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To: Ken H

I support the constitutional protection of gun rights.

I’m less sure about 1790 America protecting abortion, gay marriage and doper rights.


33 posted on 12/20/2014 12:45:48 AM PST by ansel12
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To: DesertRhino; Ken H

https://www.youtube.com/watch?v=rgvwiX1zP_4


34 posted on 12/20/2014 1:23:55 AM PST by ansel12
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To: DesertRhino

You can’t know what it is like.

To know what we have lost.


35 posted on 12/20/2014 1:33:17 AM PST by ansel12
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To: Ken H

What??????


36 posted on 12/20/2014 2:25:39 AM PST by ansel12
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To: right-wing agnostic

Why did it take a Constitutional Amendment to BAN ALCOHOL, yet a plant that GOD created, one that grows wild in half the country doesn’t require the same?

What part of the Constitution allows the Federal Government to make Illegal, a Natural Occurring Substance. ie NATURE!


37 posted on 12/20/2014 5:35:00 AM PST by eyeamok
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To: DesertRhino

You do realize that pot makes you stupid? Maybe you need to sober up.


38 posted on 12/20/2014 8:13:17 AM PST by LouAvul (If government is the answer, you're asking the wrong question.)
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To: Ken H
"How can you defend it?"

Defend the constitutional power, or defend the exercise of that power?

39 posted on 12/20/2014 3:26:12 PM PST by offwhite
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To: offwhite
Defend the constitutional power, or defend the exercise of that power?

I'm asking how he can defend the unconstitutional exercise of federal power under the expansive Commerce Clause, which trashes the Tenth Amendment.

40 posted on 12/20/2014 3:36:41 PM PST by Ken H
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