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Marijuana! Supreme Court Just Says No
OpinionJournal.com ^ | June 10, 2005 | DANIEL HENNINGER

Posted on 06/10/2005 5:48:35 PM PDT by MRMEAN


The Supreme Court's liberal bloc--Stevens, Ginsburg, Souter and Breyer--ensured Monday with the support of Justices Kennedy and Scalia that people sick from cancer treatment will have to think first about a house call from the federal drug police before using marijuana to relieve their symptoms. Even the Court's language was unfeeling: "The case comes down to the claim that a locally cultivated product that is used domestically rather than sold on the open market is not subject to federal regulation. Given the . . . undisputed magnitude of the commercial market for marijuana, Wickard and its progeny foreclose that claim."

Liberalism to cancer patients: Drop dead.

Meanwhile, dissents on behalf of medical marijuana were written by Sandra Day O'Connor, a cancer survivor, and Clarence Thomas, whose nomination was fought by recreational pot users.

Medical marijuana sounds simple. Cancer patients receiving chemotherapy often endure extreme nausea, and many say that smoking marijuana during chemo makes it bearable. Many of us know sober folks who have done this. So why is this a Supreme Court case? Because this is America, where nothing is so simple that it can't be turned into a federal case.


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


TOPICS: Culture/Society; Government
KEYWORDS: medicalmarijuana; scotus
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1 posted on 06/10/2005 5:48:36 PM PDT by MRMEAN
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To: MRMEAN

This case was all about affirming Wickard vs. Fillmore (the wrongful interpretation of the Commerce Clause that forms the heart of the legal foundation behind the New Deal and modern liberal America,) and not about drug abuse or Marijuana.


2 posted on 06/10/2005 5:55:00 PM PDT by sourcery ("Compelling State Interest" is the refuge of judicial activist traitors against the Constitution)
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To: MRMEAN
Cannabis is the specific for migraine headaches, even darkroom migraines, and the nausea that accompanies them.

3 posted on 06/10/2005 5:59:54 PM PDT by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: sourcery

Exactly.

Marijuana wasn't the central part of the issue. It could have been any number of things - this time the 'blank' was filled in with marijuana.

The supreme court upheld that the federal government can do anything it wants to do now. States rights be damned - the commerce clause covers all!

Makes me hope that Thomas is appointed chief justice instead of scalia.


4 posted on 06/10/2005 6:03:17 PM PDT by flashbunny
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Comment #5 Removed by Moderator

To: MRMEAN
Liberalism to cancer patients: Drop dead

For some reason that is really funny. Not that having cancer is funny or that dropping dead is particularly amusing either. Its just so stupid.
6 posted on 06/10/2005 6:12:44 PM PDT by escapefromboston (manny ortez: mvp)
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To: GARep68
Did I miss something? Marijuana increases your chances of survival of cancer?

It can.

7 posted on 06/10/2005 6:13:53 PM PDT by MRMEAN ("On the Internet nobody knows that you're a dog")
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To: sourcery; flashbunny
I disagree a bit with your analysis. The primary motivation for this case is the Controlled Substances Act. The commerce clause was the only constitutional clause upon which the government could justify its enforcement under the facts of these cases. The government feared that a ruling for the plaintiffs would lead to a legal avalanche that would gut the CSA. So, the majority allowed this fed power grab to continue via the commerce clause.

The majority opinion emanates from the still-misguided "war on drugs" mentality that has eviscerated criminal constitutional law for the past 30+ years. I was surprised by the court line-up on this case.

8 posted on 06/10/2005 6:18:24 PM PDT by ernie pantuso
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To: sourcery

Scalia basically said that Thomas was right but it would be too chaotic to go back to the Constitution.


9 posted on 06/10/2005 6:21:19 PM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: MRMEAN

bttt


10 posted on 06/10/2005 6:24:57 PM PDT by TBP
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To: MRMEAN
Scalia's take on this truly surprises me.

I thought he was a constitutionalist.

11 posted on 06/10/2005 6:25:55 PM PDT by evad (No action to secure borders, No action on judges... NO MONEY!)
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To: Blood of Tyrants
Scalia said no such thing.

His concurrence tried to justify the majority decision. He wrote it because the majority opinion failed to successfully refute the sound constitutional arguments put forth in the dissents by Thomas and O'Connor. Scalia, however, failed to successfully refute the dissenting arguments. His argument is pathetic and his stretching of the commerce clause has no basis in original intent jurisprudence. On this case, Scalia is a huge disappoint to those of us who believe in original intent/strict construction/9th and 10th amendments.

12 posted on 06/10/2005 6:28:07 PM PDT by ernie pantuso
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To: flashbunny
States rights be damned

Who got to Scalia?

13 posted on 06/10/2005 6:36:10 PM PDT by Archon of the East ("universal executive power of the law of nature")
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To: evad
Scalia's take on this truly surprises me. I thought he was a constitutionalist.

I believe his decision was based on recent rulings in Europe.

14 posted on 06/10/2005 6:36:57 PM PDT by Doe Eyes
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To: MRMEAN
A completely misleading headline.

What the Supreme Court actually said is, "It's not our call. It's Congress'."

15 posted on 06/10/2005 6:40:29 PM PDT by JCEccles
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To: ernie pantuso
Scalia is a huge disappoint to those of us who believe in original intent/strict construction/9th and 10th amendments.

Damn straight! I believe his opinion was a dagger in the heart of our hope to restore the foundation of limited government. If he can't side with the Constitution even if means going against some previous misguided precedent then where are we, what is our hope.

16 posted on 06/10/2005 6:40:59 PM PDT by Archon of the East ("universal executive power of the law of nature")
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To: Archon of the East
Our hope is right-minded, good folks like yourself keep banging the drum of limited govt. until a majority of reasonable minds get appointed to the Supreme Court.

Actually, the poster above who referred to Congress is probably more near the solution. The Supreme Court is usually the "caboose" of the three cars of government. The President and Congress are more suited for leading sentiment/policy while the Supremes usually follow public sentiment/policy. (I am not saying that the Supremes never lead--abortion and homo rights being examples--only that they usually follow).

17 posted on 06/10/2005 6:55:28 PM PDT by ernie pantuso
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To: MRMEAN

But WHERE will these sick/dying patients smoke their pot? After all, we know that you instantly die from inhaling second-hand tobacco smoke in a restaurant. Won't someone think of the children?


18 posted on 06/10/2005 6:56:52 PM PDT by boop (Testing the tagline feature!)
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To: ernie pantuso
So, the majority allowed this fed power grab to continue via the commerce clause.

But ultimately isn't the final result regardless of motivation the most profound result of the case? Splitting hairs yes, but it is very disturbing Scalia did this. At some point Conservatives are going to have to suck it up and realize that with truly limited Government comes some things that they may not really like or desire in society.

19 posted on 06/10/2005 6:59:37 PM PDT by Archon of the East ("universal executive power of the law of nature")
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To: JCEccles

No,it is their call. Thomas got it right, partly because his belief (which is correct) that current supreme courts are not bound by the bad decision of previous supreme courts.


20 posted on 06/10/2005 7:09:53 PM PDT by flashbunny
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