My So Called Life - The Good, The Bad, The Ugly

Embrace life -- both the sweet days and the bitter...embrace the joy and the sadness...the successes and the defeats -- for all of these things, both good and bad, have made you who you are.

Monday, June 06, 2005

Right Wing Justices For Marijuana - It's a Crazy World

The Supreme Court ruled today 6 - 3 that the federal government could prosecute elderly people and their doctors for distrubuting/using marijuana for medical purposes. It is always interesting to see how the Supreme Court will rule on issues such as this.

The 3 dissenting votes were typically conservative justices - Rehnquist, Thomas, and O'Conner. Now granted O'Conner is somewhat more moderate but the other two are quite conservative.

However, these justices opinions are not quite as shocking if you look deeper into the reasons behind their decisions.

Rehnquist, O'Conner, and Thomas are STAUNCH supporters of state's rights, and the ability of states to set their own guidelines and rules as long as they dont cause conflict with federal law.

Writing for the dissent, O'Conner argued...

"...Under the Constitution, Congress may pass laws regulating a state's economic activity so long as it involves "interstate commerce" that crosses state borders. The California marijuana in question was homegrown, distributed to patients without charge and without crossing state lines..."

"...The states' core police powers have always included authority to define criminal law and to protect the health, safety, and welfare of their citizens..."

So on the surface, one might think "WOW...3 right wing conservative justices all appointed by republicans supporting medical marijuana..." BUT -- the issue for theses justices was not really the validity of medical marijuana it was the ability of states to set their own laws within the guidelines of federal law.

State's rights was the bigger issue for these 3.

But medical marijuana was struck down by the other 6.....

Next issue....Who do you think will be resigning this year from the Court????

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