4 ms·

As I understand it, the Supreme Court already ruled against states' right on this matter in Gonzales v. Raich. That case was about medical marijuana, but I don'

by pfg 9y ago

As I understand it, the Supreme Court already ruled against states' right on this matter in Gonzales v. Raich. That case was about medical marijuana, but I don't think that matters. (IANAL.)

saas_co_de 9y ago
The composition of the court has changed quite a bit since then as has public opinion. Cannabis is now legal for medical use in 29 states. Many of these laws were passed through the referendum process. That is a lot of democracy to overrule from a bench in D.C.
- vkou 9y ago
  We forget that America cares very little for democracy, being largely an oligarchy.
- mrkstu 9y ago
  I'm sure conservatives would put up w/cannabis in exchange for effectively overturning Roe vs Wade, which is the effect this would have precedentally.
  - saas_co_de 9y ago
    It was all the "liberals" and the phony "originalist" Scalia who ruled for the government in Gonzales. https://en.wikipedia.org/wiki/Gonzales_v._Raich https://en.wikipedia.org/wiki/Gonzales_v._Raich That is all B.S. though. The real issue is federal vs. state power and that has nothing to do with left and right.
  - dmix 9y ago
    Only 20% of Americans polled are against abortion entirely, it's not the powerful topic it used to be. You're right that marijuana prohibition is not a strongly supported topic either, or at least one that is met with a growing indifference. Almost no one (outside of Sessions) seems to have held strong opinions on the matter. But regardless I highly, highly doubt this one law being overturned could be equated to states having free reign to do whatever they like, regardless of federal law. There are tons of these individual issues that are finely regulated between state and federal power balances. Not to mention the Supreme Court doesn't work like politics where you trade one issue for going easy on another.
  - dragonwriter 9y ago
    Roe isn't based on the commerce clause, so overturning Raich's Commerce Clause application wouldn't be particularly relevant to it. OTOH, dodging the Commerce Clause and adopting a broad 10th Amendment interpretation might affect Roe, but a 10th Amendment interpretation powerful enough to affect otherwise Constitutional federal legislation (which Roe is not) would have broad and severe effects on federal power generally, far beyond marijuana policy and Roe.

by pfg 9y ago

As I understand it, the Supreme Court already ruled against states' right on this matter in Gonzales v. Raich. That case was about medical marijuana, but I don't think that matters. (IANAL.)

saas_co_de 9y ago

The composition of the court has changed quite a bit since then as has public opinion. Cannabis is now legal for medical use in 29 states. Many of these laws were passed through the referendum process. That is a lot of democracy to overrule from a bench in D.C.

vkou 9y ago
We forget that America cares very little for democracy, being largely an oligarchy.
mrkstu 9y ago
I'm sure conservatives would put up w/cannabis in exchange for effectively overturning Roe vs Wade, which is the effect this would have precedentally.
- saas_co_de 9y ago
  It was all the "liberals" and the phony "originalist" Scalia who ruled for the government in Gonzales. https://en.wikipedia.org/wiki/Gonzales_v._Raich https://en.wikipedia.org/wiki/Gonzales_v._Raich That is all B.S. though. The real issue is federal vs. state power and that has nothing to do with left and right.
- dmix 9y ago
  Only 20% of Americans polled are against abortion entirely, it's not the powerful topic it used to be. You're right that marijuana prohibition is not a strongly supported topic either, or at least one that is met with a growing indifference. Almost no one (outside of Sessions) seems to have held strong opinions on the matter. But regardless I highly, highly doubt this one law being overturned could be equated to states having free reign to do whatever they like, regardless of federal law. There are tons of these individual issues that are finely regulated between state and federal power balances. Not to mention the Supreme Court doesn't work like politics where you trade one issue for going easy on another.
- dragonwriter 9y ago
  Roe isn't based on the commerce clause, so overturning Raich's Commerce Clause application wouldn't be particularly relevant to it. OTOH, dodging the Commerce Clause and adopting a broad 10th Amendment interpretation might affect Roe, but a 10th Amendment interpretation powerful enough to affect otherwise Constitutional federal legislation (which Roe is not) would have broad and severe effects on federal power generally, far beyond marijuana policy and Roe.