U.S. Supreme Court seeks Obama administration's input on Oklahoma pot case against Colorado

The Oklahoman ^ | May 4, 2015 | Chris Casteel

[gwjack]

Hmmm. I wonder what the Administration will choose? Will they abstain from opening, or risk making someone angry? Hmmm.

[Jim Noble]

Congress has no authority to pass drug laws.

If they did, why did they have to amend the Constitution in 1917 to permit the Volstead Act?

[gwjack]

Hi Jim.

The pot question is but a tree in the forest. The major Constituional issue is can one state (or two in this case) bring suit against another state for harm caused by its laws in a remote state? It will be interesting to see if the Supremes grant cert.

Gwjack

[colorado tanker]

This is not a certiorari case, but a rare case of original jurisdiction. Sovereign states can only sue each other in the Supreme Court, although the Court can exercise its discretion not to take the case.

[RIghtwardHo]

SOP

[RIghtwardHo]

They have to take this. Original jurisdiction.

[SvenMagnussen]

"The major Constituional issue is can one state (or two in this case) bring suit against another state for harm caused by its laws in a remote state?"

No, the states are sovereign. The people are sovereign. The federal courts, the federal government and the Congress are servants of the states and the people.

[gwjack]

Hi C T,

Thank you for the clarification. I seem to recall that from my Federal Civil Procedure courses.

So, what do you think? I’m dubious about the suit. I would think that alternative recourses may be available. BTW, I’ve got an aging client that offered (note I said offered) some Mary Jane ointment for pain relief. He brought it back from Colorado last summer.

[gwjack]

See my # 8.

[Paladin2]

Bammy wants to short cicuit the travels of the doobie...

[The Ghost of FReepers Past]

The issue is with Colorado’s state law causing increased expenses to Oklahoma. The people of Colorado need to be accountable for their actions.

[taxcontrol]

Allowing one state to sue another state because of a legally passed law that has zero jurisdiction in the plaintiffs state is a VERY BAD PRECEDENCE.

[taxcontrol]

The laws of Colorado are not enforceable in Oklahoma. There is no expense that burdens Oklahoma.

[The Ghost of FReepers Past]

When you have the pot problem spilling over into Oklahoma there is cost.

[Political Junkie Too]

U.S. Supreme Court seeks Obama administration's input on Oklahoma pot...

White House: "Barack? Barack's not here!"

-PJ

[eyeamok]

No,No, No, they were just asking which pot he likes better, Colorado or Oklahoma.

[taxcontrol]

No there is not. Oklahoma law, applied in Oklahoma territory is an Oklahoma problem.

[colorado tanker]

I don't think much of the lawsuit. They are asking SCOTUS to issue an injunction prohibiting Colorado from implementing provisions of its Constitution and statutes. This court has been deferential to federalism, so I can't see it going that far. Plus, even if it did I don't think marijuana would be illegal in Colorado - just unregulated.

The basis of the suit is vague, stuff like tearing the fabric of a policy of national enforcement of marijuana laws. Sounds a lot like penumbras to me.

[The Ghost of FReepers Past]

Let me ask you this, if you neighbor decides to keep a bunch of poo in his back yard and you can smell it 24/7, are you going to complain or just live with it since he is free to do whatever he wants at his own house? (assuming no legal issues with it)

That is probably not the best example but you get the idea. Yes everyone is free to make their choices, but if the consequences impose problems on others then depending on the nature of it, they might be liable.

[Paladin2]

Rat States cause all sorts of problems with the rest.