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[personal profile] somedaybitch
With the notable exception of Justice Antonin Scalia, the anti-marijuana majority was made up of liberal-types. That's because in a larger sense, it was a states' rights case. The majority said the Constitution's Commerce Clause, meant to regulate interstate business, gives the feds the right to regulate, say, non-state-crossing spliffs.

"If there is any conflict between federal and state law, federal law shall prevail," wrote Justice John Paul Stevens in the majority opinion. Stevens also expressed sympathy for pot smoking patients but suggested the proper recourse would be for Congress to legalize such use. Justice O'Conner, writing the dissent, complained that the majority's wide-open interpretation of the Commerce Clause "threatens to sweep all of productive human activity into federal regulatory reach."


emphasis mine.

:::off looking for more opinions:::

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August 2010

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