Euthanizing the CSA

NRO ^ | May 27, 2004 | Wesley J. Smith

[neverdem]

I hope that there can be some wisdom in the 9th Circus. It could facilitate a return to federalism. While I can't approve of suicide in any circumstance, this could lead to the disbanding of such branches of government as the DEA and the BATF & E. That would be progress, IMHO. Re-assign them to the Border Control, INS and the Customs Service.

[MarMema]

God Bless Ashcroft for trying. Killing isn't medicine.

[neverdem]

From time to time, I’ll post or ping on noteworthy articles about politics, foreign and military affairs.

[steve-b]

This could lead to chaos, since it could conceivably mean that the federal government would be forced to adopt 50 different approaches to enforcing the medical aspects of the CSA.

I would expect this sort of hysterical hostility to federalism from DU, not NR.

[Carry_Okie]

I would expect this sort of hysterical hostility to federalism from DU, not NR.

Agreed, competition within the system should point the way toward deregulation and supplier-responsibility. Tort reform would hasten that process to a successful end.

[inquest]

On a totally different angle, does anyone know how it is that the 9th Circus was even hearing this case at all? The Constitution says that the supreme court has original jurisdiction in all cases "in which a state shall be a party". The case is Oregon vs Ashcroft, so that would seem to apply.

[neverdem]

On a totally different angle, does anyone know how it is that the 9th Circus was even hearing this case at all? The Constitution says that the supreme court has original jurisdiction in all cases "in which a state shall be a party". The case is Oregon vs Ashcroft, so that would seem to apply.

From whenever the Congress created the Circuit Courts to hear cases on appeal, the Supremes have let the process proceed through the Circuit Courts, unless there was a compelling reason for a final determination, IIRC.

What say you, John?

[Junior]

Man, I thought this was going to be about the War Between the States.

[Congressman Billybob]

In more than 200 years there have been about one Original Jurisdiction cases which were filed in the US Supreme Court. It applies not to "suits against states" but to "suits by states against other states."

Three of the largest categories of such cases have been suits about water rights to the Colorado River, suits about boundary lines (such as when the Mississippi River occasionally moves its bed), and suits about where Howatrd Hughes died (because hundreds of millions of dollars in state death taxes depended on the answer).

No, I don't know where the cases ultimately decided that Hughes was "a resident" when he died in that airplane on the way to special treatment. LOL.

John / Billybob

[Congressman Billybob]

I mistyoed my response to you. It should say, "There have been about one Original Jurisdiction case filed per year, in the US Suoreme Court."

John / Billybob

[blackie]

FYI ~ because I know you care.

[robertpaulsen]

"The majority ruled that he did."

Yeah, both of them. And one dissented!

What a joke. First, you've got two lower court justices making a ruling, not even the entire 9th Circuit.

Second, it's the 9th Circuit, the most overturned court in the land.

[inquest]

It applies not to "suits against states" but to "suits by states against other states."

Not according to Article III. "In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction."

[blackie]

Yep ~ we're in for an interesting time, aren't we. :)

I sent you the ping because of you're interest in euthanasia.

[uncitizen]

Am i the only one who thought this was gonna be a Civil War thread?.....

[Congressman Billybob]

The interpretation of that is when states in their sovereign capacity bring or defend a case. Otherwise, ALL criminal cases would be in the US Supreme Court, because they are all entitled "[State] v. [Defendant]."

John / Billybob

[tet68]

No, I figured it would open,"Last remaining Confederate Civil war widow put to sleep.".

[uncitizen]

LOL.

[gcruse]

What the writer calls 'chaos,' is a manifestation of fifty laboratories of democracy. The Constitution was not meant to throw away the concept of states. That is a modern notion.

[robertpaulsen]

There was also that recent California medical marijuana case, Raich v Ashcroft, that was ruled on by the Ninth.

Similar in that it was a 2-1 decision against the CSA (I checked, different justices).