SUPREME COURT RULING: You can arrest those using marijuana for medical purposes

[Hillary's Lovely Legs]

Per Fox News:

The Supreme Court has ruled Medical Marijuana as illegal.

[Celtjew Libertarian]

From Bloomberg.com: Joining Justice John Paul Stevens's majority decision were Justices Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer. Justice Antonin Scalia wrote separately to say he agreed with the result, though not the majority's reasoning.

Chief Justice William H. Rehnquist and Justices Sandra Day O'Connor and Clarence Thomas dissented.

O'Connor, Rehnquist, and Thomas -- 3 of the 4 most conservatives dissented.... And Scalia didn't like the reasoning behind the decision.

[jwalsh07]

Too many "conservatives" believe that the government should only stay out of their business. The other guy, that's okay so long as you stay away from me.

Too many "libertarians" are only unhappy with federal judicial oligarchy when it doesn't accrue to their favor.

[highball]

So you think that states can set thier own policy? What if Arizona decides to let illegal immigrants in as long as they're bringing a pound of marijuana each for state revenue? It's a state thing you know.....

That's a red herring. Border control is properly a matter for the Feds, falling under national defense and therefore being specifically enumerated in the Constitution.

You also illustrate the problem with the Commerce Clause. Defined broadly enough, there's nothing that the Feds can't usurp from the states.

I think th 10th ammendment is often exercised by the people (people being plural) of various states (states) being plural.... elect represenatives who decide what laws they want to live by. Both on a local and federal level.

So what laws do you think the states have a right to make? Are there any matters that you think the states have a right to decide, or does the federal government always get to trump the states?

[kjam22]

Thanks for that info. I'm glad I didn't bet the house on it.

[NeoCaveman]

O'Connor, Rehnquist, and Thomas -- 3 of the 4 most conservatives dissented.... And Scalia didn't like the reasoning behind the decision.

Well atleast 3 judges didn't go for that ridiculous commerce clause abuse that we've had for 2 generations now.

[newgeezer]

Yet another reason to lament Rehnquist's imminent departure (surely to be replaced by a 'moderate').

[dirtboy]

When they uphold such legislation Scalia and Thomas are upholding the right of the people to remain self-governing through their legislatures

Even if that legislation was done by usurping powers that were earlier left to the states by the 10th Amendment? It took a constitutional amendment to ban booze before Wickard. Now the feds do just about whatever the hell they want, and folks applaud the action of the legislature, and the court upholding the law, as something proper, when the federal legislature only got that power through an activist court decision that opened the door for federal usurpation.

[Freebird Forever]

On a serious note, this can only benefit the Dems.

No.

This will also benefit anyone who stands to profit from keeping MJ illegal, especially those who launder the proceeds. (the criminals in $1500 suits).

[hobbes1]

However, the point about Scalia, for all of his textualism, He likes Police Power.

[highball]

I'll agree that there are hypocrites everywhere. Doesn't make it right.

And on this specific matter, it's the so-called "conservatives" who are advocating federal supremecy over state laws.

[missyme]

*Montel Williams comes to mind.

He uses marijuana medicinally for his MS.*

And he should!
GOD Knows we don't want to insult and take the money out of the GREEDY Pharmecutical Industry by using a natural herb they don't have there hands in!

[Just another Joe]

You folks do realize that according to the courts interpretation on this - If you have a garden, you're breaking federal law.
If you didn't grow that tomato/squash/corn/cucumber you would have to buy it from somewhere. That's what the "Interstate Commerce Clause" says according to the USSC.
You are a law breaker and can be arrested, charged, and convicted.

Good luck with that.
I'm coming closer and closer to moving to another country.

[the gillman@blacklagoon.com]

Looks like Scalia is protecting his shot at Chief Injustice by sucking up to the administration.

Their reasoning is witless, but they are right anyway.

Way to roll over, Scalia.

[kjam22]

The federal government is our represenatives. We the people elect the senators and represenatives. I would rather they didn't create as many laws as they create, and left more room for local or state laws. But I get out voted on that. However, I REALLY would rather the legislative body create the laws instead of the S.C. creating them.

[jwalsh07]

And on this specific matter, it's the so-called "conservatives" who are advocating federal supremecy over state laws.

You have data supporting this? The majority of conservatives on the court dissented. Keenedy, the lone libertarian, agreed with the holding. What other data do you have to go on?

[Hemingway's Ghost]

O'Connor, Rehnquist, and Thomas -- 3 of the 4 most conservatives dissented.... And Scalia didn't like the reasoning behind the decision.

I would've bet money that Thomas would be among the dissenters, but Rehnquist? Did not some of his decisions in the early days of the Drug War reduce the 4th Amendment to ashes? Perhaps he's repenting now that he sees his days are numbered . . .

[highball]

People on this site.

I'm shocked that any Freepers would actually see this as a positive development specifically since, as you say, the conservatives on the court dissented.

[Basil314]

This is the best decision of the year. Imagine. Laws made by the legislature

Screw that...what about laws made by a popular referendum by the people? The people themselves in California decided this by ballot proposition in 1996. It will be a great day when JP Stevens retires along w/ the rest of the lib judges.

[Celtjew Libertarian]

Yeah.... it was about to be one of the few times I'm embarrassed to be a Republican, until I saw who was in the dissent.

[Dane]

You folks do realize that according to the courts interpretation on this - If you have a garden, you're breaking federal law. If you didn't grow that tomato/squash/corn/cucumber you would have to buy it from somewhere. That's what the "Interstate Commerce Clause" says according to the USSC. You are a law breaker and can be arrested, charged, and convicted.

Good luck with that. I'm coming closer and closer to moving to another country

Libertarian hyperbole at it's finest, enjoy your stay in france, kust like your compatriots alec baldwin and barabara streisand.