The Supreme Courts ruled 6-3 today that the federal government has the power to prosecute the use of marijuana for medical purposes even in states that have enacted laws permitting medical marijuana use, in a decision by liberal Justice John Paul Stevens. Joining the liberal anti-federalists was the most anti-gay member of the court, Antonin Scalia. Only three members of the court defended the principle of federalism: Sandra Day O'Connor, William Rehnquist and Clarence Thomas.
Justice O'Connor said in her dissent that the majority ruling was effectively "extinguishing" experiments with medical marijuana laws. "This case exemplifies the role of states as laboratories," she wrote.
Many state medical marijuana laws were passed directly by voters through ballot initiatives, so it's not a happy day for democracy, or for patients with cancer and AIDS. And it doesn't help the cause of backing states as "laboratories" in other areas, such as same-sex marriage, when the federal authorities decide to quash such experiments in democracy.
Update: Instapundit, as
usual, provides links to some of the best blogosphere analysis of
the decision and its ramifications.
More Recent Postings
5/29/05 - 6/04/05