June 6, 2005

Feds win medical marijuana case.

Drudge reports. I'll read the case this morning and have much more soon.

UPDATE: Still waiting to get to the case. Here's my post from May 12th, predicting this outcome, explaining why, and saying why the Court was taking so so long:
[I]t's very hard to explain the Wickard concept in a way that will satisfy the general public, which finds it so easy to sympathize with the suffering cancer patients on the other side. The Court is just hung up crafting and recrafting its labyrinthine legalisms into a form suitable for public consumption.


Art said...

I've just read MSNBC's summary and I await Prof. Althouse's analysis.
MSNBC calls this a "win" for the Bush administration but I'm not so sure.
They may be able to "flip" public opinion in the states which have approved medical marijuana by linking the use by cancer patients to skyrocketing teen marijuana use (actually, it's going down but only perception matters. ) but if they can't, what is the political cost of prosecuting doctors and sick people just because they can?

Gerry said...

I'd be willing to bet good money that, had a poll been taken last week over views of specific Supreme Court justices, the advocates of medicinal marijuana would have given very high scores to Souter, Stevens, Ginsburg, and Breyer, and very low scores to Thomas and Rehnquist.

Politics and jurisprudence do not always mesh as cleanly as most would anticipate.

As usual, I find myself siding with Justice Thomas. A few of the Cornerites have mentioned that when Scalia and Thomas part company, they generally agree with Thomas. Count me in that group.

TWM said...

Whatever the legal reasoning, and it may be good, a lot of sick people are doing without what should be a legitimate medical treatment.

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