The Supreme Court of the United States — minus the late Justice Scalia — is set to take up the hot-button issue of marijuana legalization today in a highly watched case. The SCOTUS is hearing a challenge to Colorado legalization from two neighboring states Nebraska and Oklahoma as plaintiffs. The states are arguing that because of legalization, marijuana is unlawfully crossing over their borders. The federal Controlled Substances Act should override state legalization, they argue, under the Supremacy Clause of the Constitution. But SCOTUS is unlikely to take up Nebraska and Oklahoma v. Colorado, watchers say, partially because the plaintiffs’ case is so weak, and partially because one likely supporter of the case, Justice Scalia, is dead.
“It’s hard to predict where a given justice is going to come down on anything,” according to Tom Angell, in an interview with the International Business Times. Angell founded the cannabis advocacy group Marijuana Majority, and analyzed Scalia’s record on cannabis for Marijuana.com. “But my best guess is Nebraska and Oklahoma probably just lost one of their votes for granting the review.”
With the nine-member SCOTUS down to eight, the vote for review could be 4-4, and a tie would favor the defendant Colorado. Legal experts say plaintiffs Nebraska and Oklahoma lack standing.
“The plaintiffs can’t show they could be helped by a positive decision in their favor,” Sam Kamin, marijuana law professor at the University of Denver, told IBT.
The federal government itself does not support review, and the solicitor general urged the Supreme Court to deny the lawsuit. If SCOTUS takes up review and ties on the case, it would only be the third time in U.S. history for a so-called ‘original jurisdiction deadlock’.
The first time, in 1870, the case remained up in the air for nearly three years. The second time, in 1953, the court ruled one way, only to overrule itself a year later. … In other words, no one knows exactly what will happen if the Supreme Court takes up the Colorado lawsuit and then can’t come to a majority opinion on it.
Still legal experts doubt SCOTUS wants to potentially shut down medical and recreational legalization in 35 states.
“There is so much very, very high-profile stuff on pause right now, my gut instinct is they are going to say, ‘We don’t need anything else on our plate,'” Kamin told IBT.
http://www.esquire.com/news-politics/news/a42297/supreme-court-weed-legalization/
Yes everybody knows there is a crime wave sweeping the nation due to the recent overwhelming consumption of the evil weed. Every day you hear about some low life scumbag getting jacked up on a joint and going out and robbing a bank ( oh wait maybe its the meth and heroin i’m thinking of) oh yes the pot smokers are all serial (cereal) killers ie: apple jacks…cocoa puffs…captain crunch…all in danger of being literally consumed. Give me a break. I know the time I have spent in Okla.( or anywhere else for that matter) the meth and heroin were the obvious issue. Not the weed. but then there’s no sense in going after those substances or otherwise someone would be out of a payday don’t ya know. https://www.youtube.com/watch?v=Z2Xd7cseGcE
They should be smoking a huge Marijuana case.
Maybe then they might act Goddammed human.
Fkng reptiles.
Can’t takem anywhere in public.
There is no supremacy of federal law, outside the US constitution, over state law. The Constitution expressly forbids it. The people, the state’s then the federal powers. Not the other way around.
NEWS FLASH
pot has been “unlawfully” crossing those “borders” for a long time.
It is probably irksome that the loads are smaller and more often. They have to work harder to make smaller busts. BOO HOO.
I for one have ran many pounds of pot across those borders -derp I mean STATE LINES (dipsh!ts) I stopped when it became legal because the profit margins got too small. lower risk and shorter distances makes less profit for the traffickers. I went into cultivation around that time as did about 2 million others. Most of them had no clue what they where doing but still managed to lower the market values of high quality Kush. At least it made lights cheaper. Go to a pawn shop and see they have a dozen HPS light ballasts for cheap.
Money running is more lucrative these days. good work if you can get it.
“The plaintiffs can’t show they could be helped by a positive decision in their favor,” Sam Kamin, marijuana law professor at the University of Denver, told IBT.”
Seriously? That’s an actual university position???