somedaybitch: (icantreachyou_heartofthehouse)
[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:::

Date: 2005-06-07 10:55 am (UTC)
From: [identity profile] themonkeycabal.livejournal.com
well, I'm sure you can guess how I feel about this.

By all means, pump all manner of vile poisons into people's bodies as medecine, but god forbid you should allow treatment with a natural, plant-based drug, one with minimal side-effects and benefits in treating a number of ailments. By all means, ban its use IN THE NAME OF INTERSTATE COMMMERCE. For fuck's sake.

Me? Totally livid.

Dear Justice John Paul (we hates that you have our father's name, oh yes we do) Stevens, fuck you very much. Sympathy? You've just denied people a form of medical treatment in the name of interstate commerce and have trod upon state's rights as guaranteed by the US Constitution. You suck. A lot. No love, Me.

Date: 2005-06-07 11:32 am (UTC)
From: [identity profile] somedaybitch.livejournal.com
sing it, sister.

Date: 2005-06-07 06:30 pm (UTC)

Date: 2005-06-07 12:33 pm (UTC)
From: [identity profile] sabaceanbabe.livejournal.com
Interstate commerce and homeland security. A pair to draw to. O_o

Asshats.

Date: 2005-06-07 02:59 pm (UTC)
From: [identity profile] spiderbaggins.livejournal.com
Let's see.
It is OKAY to prescribe Oxycontin (or related Drugs) with many more side effects, but not marijuana (minimal side effects)?

Why not treat Marijuana the same as the other drugs and be able to prescribe it and if you are found with it without a script you are a criminal.

They just haven't found a way to control the medical distrubution of Marijuana...(oh wait they have a control over the distribution of Oxycontin and related drugs?!? *Insert Burning Sarcasm*)....in a way that they can assign a Tax to it yet.

I think this ruling by the SC is Frelling idiotic. They could have "no ruled" it, buy noooooooooo.

Date: 2005-06-07 03:44 pm (UTC)
cofax7: climbing on an abbey wall  (Default)
From: [personal profile] cofax7
Just a drive-by, but a good place to track this stuff is SCOTUSblog, here: http://www.scotusblog.com/movabletype/

Date: 2005-06-07 06:33 pm (UTC)
From: [identity profile] thevaliumsofalj.livejournal.com
I've been reading them a lot since yesterday, especially since they have all those guest bloggers up discussing the decision and it's legalities.. I think I'll read that blog more :)

Date: 2005-06-08 06:29 am (UTC)
From: [identity profile] somedaybitch.livejournal.com
i love the scotus blog. :D

Date: 2005-06-07 04:32 pm (UTC)
From: [identity profile] arthurfrdent.livejournal.com
it gives me a headache when my eyes roll this much...

and if this could only be made by a company and then sold by perscription... we wouldn't even be here

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