tag:blogger.com,1999:blog-6329595.post707874378406236705..comments2024-03-28T06:22:12.262-05:00Comments on Althouse: Can Oklahoma and Nebraska get the U.S. Supreme Court to stop Colorado from facilitating the commerce in marijuana?Ann Althousehttp://www.blogger.com/profile/01630636239933008807noreply@blogger.comBlogger48125tag:blogger.com,1999:blog-6329595.post-86521439702271013712014-12-20T08:25:47.077-06:002014-12-20T08:25:47.077-06:00"I promise you this much. If I'm ever har...<i>"I promise you this much. If I'm ever harmed here in Washington State by the illegal distribution of Marijuana, facilitated by the State of Washington, I'm going to sue the State, not the person who harmed me."</i><br /><br />I'm sure Washington is quaking in its boots.Original Mikehttps://www.blogger.com/profile/01714345479248980398noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-3871862390696112052014-12-20T02:54:39.092-06:002014-12-20T02:54:39.092-06:00I was referring to the civil rights act.
I was referring to the civil rights act.<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6329595.post-2857515003714718402014-12-20T01:52:50.465-06:002014-12-20T01:52:50.465-06:00eric said...
"It's disgusting to me that...eric said...<br /><br />"It's disgusting to me that suddenly we are ok with States picking and choosing which laws they follow and which they do not."<br /><br />This results from the federal government passing too many laws.<br /><br />"It's not going to end well."<br /><br />Neither is the "War on Drugs." Thankfully it is almost over.<br /><br />"I promise you this much. If I'm ever harmed here in Washington State by the illegal distribution of Marijuana, facilitated by the State of Washington, I'm going to sue the State, not the person who harmed me."<br /><br />You can do that. But it would be stupid. You wont lose much money though because your case wont last very long.Achilleshttps://www.blogger.com/profile/04109507896997459818noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-80510245847432043562014-12-20T01:48:13.315-06:002014-12-20T01:48:13.315-06:00eric said...
"Telling people they can't s...eric said...<br />"Telling people they can't smoke pot is not the same as enforcing obvious language in the constitution and in the 14th amendment guaranteeing equal treatment under the law.<br /><br />Except the Supreme Court has upheld the Federal Drug laws.<br /><br />Therefore, they are both Federal Laws."<br /><br />The 14th amendment is an amendment to the constitution. Slightly different than a law.<br /><br /><br /><br />Achilleshttps://www.blogger.com/profile/04109507896997459818noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-65687517442923712862014-12-20T00:11:55.847-06:002014-12-20T00:11:55.847-06:00Yeah, the new thing for Colorado travelers is &quo...<i>Yeah, the new thing for Colorado travelers is "Driving while having Colorado plates".</i><br /><br />Long been the case in Wyoming. Been stopped more than once on I-25 S of Cheyenne, or I-80 west of there purely, it seemed, for having CO plates. One time was picked out of a pack of 8-10 vehicles, with many of them driving faster than I was. Also got similarly nailed in W WY w/Utah plates. First time was maybe 40 years ago, and the most recent was maybe 10 years ago. <br /><br />One humorous story was when I was stopped on I-80 by a WY state trooper with expired CO plates. He told me that he was going on coffee break for half an hour, but would then radio along I-80, and if any of his buddies saw me, they would tow my vehicle, leaving me along the side of the road (not good in desolate rural WY). I took the next road S into CO, barely making the half hour deadline, and adding an hour or two to my trip. <br /><br />But they don't always nail CO plates. A friend was the top sergeant of an AF Reserve unit in UT. He drove that stretch of I-80 routinely fairly fast. They would occasionally pull him over with a "hey Sarge, slow it up a bit", and let him go. Never ticketed - they were all apparently former military. Bruce Haydenhttps://www.blogger.com/profile/10815293023158025662noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-67762385988758337522014-12-19T17:28:09.153-06:002014-12-19T17:28:09.153-06:00This comment has been removed by the author.Shootisthttps://www.blogger.com/profile/09131046721347804658noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-36733642594764980932014-12-19T16:31:46.515-06:002014-12-19T16:31:46.515-06:00I'd probably go off of the Landlords responsib...<i>I'd probably go off of the Landlords responsibility:</i><br /><br />The state isn't a landlord.Revenanthttps://www.blogger.com/profile/11374515200055384226noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-38330298527257420402014-12-19T16:30:52.537-06:002014-12-19T16:30:52.537-06:00Reason magazine pointed out that the outcome of Ok...Reason magazine pointed out that the outcome of Oklahoma and Nebraska's actions would be to force Colorado to stop regulating marijuana. They cannot force Colorado to make it illegal, or to use resources cracking down on it. Not even the federal government can do that.<br /><br />My guess? This is a friendly lawsuit, like the ones environmentalists file against the EPA. The activists file a lawsuit demanding the EPA do something the EPA already wants to do but hasn't been authorized to do by law. Then the EPA "settles" and agrees to do it.<br /><br />The government of Colorado hates the fact that their citizens wanted this. My guess is they'll "settle" and agree to crack down on marijuana, even though they have no legal right to do so.Revenanthttps://www.blogger.com/profile/11374515200055384226noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-25747618627173213182014-12-19T15:22:36.260-06:002014-12-19T15:22:36.260-06:00Eric, good luck with your future lawsuit.
I suspe...Eric, good luck with your future lawsuit.<br /><br />I suspect you'll need it.Wilburhttps://www.blogger.com/profile/17648146528637449534noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-50707054037310398432014-12-19T14:53:24.731-06:002014-12-19T14:53:24.731-06:00I hope they bought their carbon credits. The fine...I hope they bought their carbon credits. The fine and shaming for anthropogenic carbon emissions can be brutal.n.nhttps://www.blogger.com/profile/04252447117532342957noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-90213571670107375802014-12-19T14:31:34.932-06:002014-12-19T14:31:34.932-06:00Wilber asks;
What would be the basis of your caus...Wilber asks;<br /><br /><b>What would be the basis of your cause of action? Or, in other words, under what legal theory would you sue? Negligence? Strict liabilty? Product liability? A constitutional claim?</b><br /><br />I'm not a lawyer, I just play one here at Althouse.<br /><br />If I were to take such an action, I'd probably go off of the Landlords responsibility:<br /><br />http://www.nolo.com/legal-encyclopedia/landlord-liability-criminal-acts-faq-29060-3.html<br /><br />Only, the State has a helluva lot more money than any Landlord.<br /><br />Do you think I'd not be able to find a lawyer who'd want some of that cash?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6329595.post-87265460512668905742014-12-19T14:22:08.836-06:002014-12-19T14:22:08.836-06:00eric said...
"I promise you this much. If I&#...<i>eric said...<br />"I promise you this much. If I'm ever harmed here in Washington State by the illegal distribution of Marijuana, facilitated by the State of Washington, I'm going to sue the State, not the person who harmed me."</i><br /><br />You'll have about as much success suing Budweiser if you get harmed by a drunk.<br />SGT Tedhttps://www.blogger.com/profile/00184808889760136366noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-91143740566424044522014-12-19T14:13:29.841-06:002014-12-19T14:13:29.841-06:00"I promise you this much. If I'm ever har..."I promise you this much. If I'm ever harmed here in Washington State by the illegal distribution of Marijuana, facilitated by the State of Washington, I'm going to sue the State, not the person who harmed me."<br /><br />What would be the basis of your cause of action? Or, in other words, under what legal theory would you sue? Negligence? Strict liabilty? Product liability? A constitutional claim?<br /><br />Wilburhttps://www.blogger.com/profile/17648146528637449534noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-82011110333896635482014-12-19T14:10:56.486-06:002014-12-19T14:10:56.486-06:00Jupiter, putting words in my mouth, writes;
You ...Jupiter, putting words in my mouth, writes;<br /><br /><b><br />You are going to sue the State of Washington for failing to enforce federal laws? Or for failing to have a law that prevents whatever happens to befall you? Good luck with that.</b><br /><br />Notice I said neither of those things?<br /><br />Instead, I wrote:<br /><br /><b> facilitated by the State of Washington</b><br /><br />I think we both know why you had to put words in my mouth in order to argue against that one.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6329595.post-32898681513092125382014-12-19T14:04:17.393-06:002014-12-19T14:04:17.393-06:00eric said...
"I promise you this much. If I&#...eric said...<br />"I promise you this much. If I'm ever harmed here in Washington State by the illegal distribution of Marijuana, facilitated by the State of Washington, I'm going to sue the State, not the person who harmed me."<br /><br />You are going to sue the State of Washington for failing to enforce federal laws? Or for failing to have a law that prevents whatever happens to befall you? Good luck with that.<br /><br />What I don't quite get is, what are they asking for? A federal injunction? The actions of the State of Colorado in setting up marijuana markets are already felonies subject to many years of imprisonment under federal law. But the feds don't care to enforce those laws. Not real clear what difference an injunction would make. Can Nebraska sue Colorado for damages?<br /><br />The Framers apparently believed that the officers of government would take their duties seriously. As Obama is making abundantly clear, that faith was naive, perhaps even foolhardy. Quis custodiet? Jupiterhttps://www.blogger.com/profile/13008508862847561845noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-25510991470457421922014-12-19T13:31:58.082-06:002014-12-19T13:31:58.082-06:00Doesn't the "guarantee of equal treatment...Doesn't the "guarantee of equal treatment under the law" mean something different than a "guarantee of equal treatment"?<br /><br />Why add the extra words if they don't mean anything?tim in vermonthttps://www.blogger.com/profile/06547980465313241972noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-55364196314205359482014-12-19T13:29:41.085-06:002014-12-19T13:29:41.085-06:00State's rights are good when I like what they ...State's rights are good when I like what they want and bad when I don't. /shorter eric.tim in vermonthttps://www.blogger.com/profile/06547980465313241972noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-85124004973037866132014-12-19T13:29:00.859-06:002014-12-19T13:29:00.859-06:00Telling people they can't smoke pot is not the...<b>Telling people they can't smoke pot is not the same as enforcing obvious language in the constitution and in the 14th amendment guaranteeing equal treatment under the law.</b><br /><br />Except the Supreme Court has upheld the Federal Drug laws.<br /><br />Therefore, they are both Federal Laws.<br /><br />Just because you agree with one and disagree with the other isn't a legit reason to say, "It's ok if our Federal Government enforces the rules I like and doesn't enforce the rules I don't like."<br /><br />That's called hypocrisy.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6329595.post-55842485496715501642014-12-19T13:23:30.826-06:002014-12-19T13:23:30.826-06:00False equivalence bordering on straw man argument....<i>False equivalence bordering on straw man argument.</i><br /><br />Ha ha ha ha!<br /><br />I have come to believe that the only thing a person really gets right every time is if it is his ox getting gored.tim in vermonthttps://www.blogger.com/profile/06547980465313241972noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-23616396240946272022014-12-19T13:15:16.876-06:002014-12-19T13:15:16.876-06:00eric said...
"If you're for states right...eric said...<br /><br />"If you're for states rights in Marijuana laws, shouldn't you be for states rights in all laws?<br /><br />If tomorrow, Mississippi wanted to ignore the civil rights act, would you be ok with that?"<br /><br />False equivalence bordering on straw man argument. Telling people they can't smoke pot is not the same as enforcing obvious language in the constitution and in the 14th amendment guaranteeing equal treatment under the law. It is one of the few actual mandates in the federal government charter to enforce equal treatment. It is definitely not one of their powers to tell people how to live correctly. <br /><br />But absent any real argument you want to equate legalizing pot with Jim Crow. Unfortunately for you it is closer to the opposite. But then again I wouldn't expect a cop to want to give up the power to arrest someone. Although pot heads are notoriously apathetic and non-combative one of them might "resist" and you guys would get to beat them up too.Achilleshttps://www.blogger.com/profile/04109507896997459818noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-5210813426299791282014-12-19T13:04:45.834-06:002014-12-19T13:04:45.834-06:00tim in vermont said...
"I agree about pothead... tim in vermont said...<br />"I agree about potheads driving slow. They are almost as bad as thy guy hypermiling in his Prius on winding mountain roads."<br /><br />Pot heads pull over when they get too freaked out. Everyone looks like a cop to them.<br /><br />The Prius Putz thinks everyone stuck behind him is a stupid asshole who is trying to go too fast and he/she is doing them a favor by slowing them down.<br />Achilleshttps://www.blogger.com/profile/04109507896997459818noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-86348755926762431502014-12-19T12:47:04.291-06:002014-12-19T12:47:04.291-06:00I agree about potheads driving slow. They are almo...I agree about potheads driving slow. They are almost as bad as thy guy hypermiling in his Prius on winding mountain roads.tim in vermonthttps://www.blogger.com/profile/06547980465313241972noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-41164793883281388372014-12-19T12:25:46.896-06:002014-12-19T12:25:46.896-06:00I think it's an asinine case --- but given pre...I think it's an asinine case --- but given precedent with the Commerce Clause, it will probably win.damikeschttps://www.blogger.com/profile/02133230009952160269noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-89735360919128370552014-12-19T12:00:27.658-06:002014-12-19T12:00:27.658-06:00Here is a question, are states bound by Internatio...<b>Here is a question, are states bound by International treaties created by the Federal government.</b><br /><br />Yes, they are. Because those treaties have to be ratified by the Senate. Senators are the States Representatives in Congress. We tend to forget that now because the Senators are no longer picked by the States, they are elected like Congressmen. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6329595.post-76910373724178705722014-12-19T12:00:12.912-06:002014-12-19T12:00:12.912-06:00Why go to the Supreme Court? Hasn't the Congr...Why go to the Supreme Court? Hasn't the Congress already used the interstate commerce clause to claim federal jurisdiction over nearly everything?Trashhaulerhttps://www.blogger.com/profile/12738976179703348520noreply@blogger.com