Daily Kos

View Story | 210 comments

  •  That's going to be (none / 1)

    the decision to watch. Nina Totenberg did her usual bang-up job of covering the case on "Morning Edition" this morning. But the whole time I was listening to it I kept thinking to myself, "You know, this should easily fly on the states' rights doctrine the Felonious Four have been pushing for the last few years."

    But I'll bet that's not what happens. They'll let their "war on drugs" props get in the way of consistency, and they'll deny that California has any right to pass its own laws on this subject. F***ing hypocrites.

    Michael
    Musing's musings

    by musing85 on Mon Nov 29, 2004 at 08:51:14 AM PDT

    [ Parent ]

    •  Be careful (none / 0)

      I was thinking the same thing, but someone pointed out to me that if they rule for medical marijuana, and shrink the range of the Commerce Clause, then for a trade off of medical marijuana, they will get a bunch of things across the boards.
      According to the Waashington Post article
      http://www.washingtonpost.com/wp-dyn/articles/A18420-2004Nov28.html
      A number of New Deal Economic policies and civil rights laws were based on the Commerce Clause.

      It might be better if this were discussed in Congress or the FDA (though I doubt that will happen any time soon)

      by Chrisfs on Mon Nov 29, 2004 at 11:15:12 AM PDT

      [ Parent ]

      •  aoeu (none / 0)

        Could those be reargued as "promoting the general welfare"?  Seems to me protecting americans from bogus drugs which kill does this.

        turtles consider
        every single vote deeply
        yet always vote dem

        by TealVeal on Mon Nov 29, 2004 at 11:50:15 AM PDT

        [ Parent ]

      •  be careful indeed (none / 0)

        There is no "general welfare" clause in the US constitution.

        Thus, the entire edifice of public health and safety laws, environmental laws, FDA regulation, securities regulation, and many civil rights laws are built on the federal Commerce Clause.

        This case is extremely dangerous, because if the Court rules in favor of the medical marijuana user on Commerce Clause grounds, this will establish the legal conditions which threaten to unravel the entire regulatory New Deal...and fulfill a sometimes expressed desire of the right wing to take us back to 1890s America.  Some very progressive groups have lined up on the federal side in this case because of just this problem.

        by walden on Mon Nov 29, 2004 at 01:14:26 PM PDT

        [ Parent ]

View Story | 210 comments