Court upholds government on medical marijuana
The Supreme Court ruled 6-3 on Monday that Congress had the authority to make it a crime to grow and use marijuana purely for personal medical purposes when recommended by a doctor. In an opinion written by Justice John Paul Stevens, the Court overturned a Ninth Circuit ruling that the federal Controlled Substances Act of 1970 exceeded Congress’ Commerce Clause power when applied to medical marijuana used under California law.
In practical terms, the Court’s decision will force the Justice Department to decide how aggressively it wants to prosecute individuals who grow and use marijuana for medical purposes, in the face of a spreading movement in the states to allow such uses. There are at least ten states, and perhaps 11 (if Arizona is counted) that allow such uses of marijuana. The same notion is being promoted in other states, too, and public opinion polls show that three-fourths of Americans asked support doctor-prescribed marijuana to ease pain and suffering.
The Court relied, as the Justice Department had urged in its appeal, upon the Court’s sweeping endorsement of federal Commerce Clause power in the 1942 case of Wickard v. Filburn.
“The case,” Stevens wrote, “comes down to the claim that a locally cultivated product that is used domestically rather than sold on the open market is not subject to federal regulation. Given the Act’s findings and the undisputed magnitude of the commercial market for marijuana, Wickard and its progency foreclose that claim.” The decision came in the case of Gonzalez v. Raich (03-1454).
This was one of three decisions announced Monday.
In one of two decisions announced by Justice Anthony M. Kennedy, the Court ruled that the federal ban on discrimination in public accommodations against the disabled in some instances does apply to companies operating foreign-flag cruise ships in U.S. waters. The decision in Spector, et al., v. Norwegian Cruise Line Ltd. (04-1388)was widely splintered. The ruling overturned the Fifth Circuit decision that the Americans with Disabilities Act in no instance would apply to such foreign vessels.
In the second opinion by Kennedy, the Court rejected the state of Alaska’s claim to title to submerged lands in southeast Alaska — lands that have been claimed by the federal government since Alaska became a state. The decision (with a partial dissent by three Justices) upheld a Special Master’s recommendation favoring the federal government on all of the submerged lands in dispute. The decision came in Alaska v. U.S. (128 Original).
In the only new case granted review Monday, the Court agreed to decide whether a loss in a tort claim against the U.S. government bars a later lawsuit against federal officers or employees who were involved. The issue arises in the federal government’s appeal in Will, et al., v. Hallock, et al. (docket 04-1332). In addition to that issue, the Court told parties also to argue whether the Second Circuit had jurisdiction over the case since the appeal was interlocutory following a District Court’s denial of a motion to dismiss.
In another order, the Court asked the Solicitor General’s office for its views on a significant issue affecting the home health care industry: whether home health care workers who are employed by outside agencies, not by families, are exempt from wage and hour protection under federal law. The case is Long Island Care at Home v. Coke (04-1315). Such outside employees caring for the elderly and the infirm at home have not been assured minimum wage and overtime pay for 30 years, but the Second Circuit struck down the Labor Department regulation that exempted them.
BREAKING: High court oks prosecution of sick pot smokers
More shortly …. UPDATE — SCOTUSblog reports: The Supreme Court ruled 6-3 on Monday that Congress had the authority to make it a crime to grow and use marijuana purely for personal medical purposes when recommended by a doctor. In…
Comment by Right Side of the Rainbow — June 6, 2005 @ 10:26 am
Ashcroft v. Raich:
SCOTUSblog is reporting that Ashcroft v. Raich has been handed down (finally), and that the Court ruled 6-3 in favor of the federal government in an opinion by Ju…
Comment by The Volokh Conspiracy — June 6, 2005 @ 10:27 am
Another Blow To Federalism
Apparently, the Supreme Court has ruled that the feds can continue to prosecute medical marijuana users: Justice John Paul Stevens,…
Comment by Transterrestrial Musings — June 6, 2005 @ 10:44 am
Court upholds right of Congress to make medicinal marijuana use a crime
Court upholds right of Congress to make medicinal marijuana use a crime
Comment by Dummocrats.com — June 6, 2005 @ 10:54 am
Court upholds right of Congress to make medicinal marijuana use a crime
Court upholds right of Congress to make medicinal marijuana use a crime
Comment by Inthehat.com — June 6, 2005 @ 10:54 am
Court Says No to Medical Marijuana
Ashcroft v. Raich was handed down today, upholding a federal law that allows prosecution of people who use medical marijuana despite state laws protecting them.
Comment by Truth. Quante-fied. — June 6, 2005 @ 11:15 am
BILE RISING
I am disgusted. I am thoroughly and completely disgusted….
Comment by Pejmanesque — June 6, 2005 @ 11:29 am
BILE RISING
I am disgusted. I am thoroughly and completely disgusted. More on my sense of complete disgust later….
Comment by Pejmanesque — June 6, 2005 @ 11:30 am
Supreme Court Supports Federal Thugs
In Gonzalez V. Raich the US supreme court ruled in favor of the federal thugs, justice department and congress, who would deny individuals living in the land of the supposedly free the authority to grow and use marijuana for medical purposes. They had …
Comment by Modulator — June 6, 2005 @ 12:27 pm
On the Gay-Raich Connection
As a gay blogger/blawger who must relentlessly endure hearing how mob rule the democratic process (as opposed to, um, the plain language of the Constitution) is the source of all governm…
Comment by A Stitch in Haste — June 6, 2005 @ 1:10 pm
Medical Marijuana Loses in the Supreme Court
I consider “Medical Marijuana” a fraud and wish that drug-decriminalization advocates (of which I am one) would stop using what I believe is a bogus issue. I have yet to see a medical study that has convinced me that marijuana is necessary to treat i…
Comment by A Face Made 4 Radio, A Voice Made 4 the Internet — June 6, 2005 @ 1:20 pm
Supreme Court rules that the federal government can bar medical marijuana use
From Reuters:The federal government has the power to prevent sick patients from smoking home-grown marijuana that a doctor recommended to relieve chronic pain, a divided U.S. Supreme Court ruled on Monday in a setback for the medical marijuana m…
Comment by protein wisdom — June 6, 2005 @ 2:33 pm
Another Nail in Federalism’s Coffin
In a 6-3 decision the Supreme Court today ruled in favor of the federal government in Gonzales v. Raich, opening the door for federal prosecution of medical marijuana patients. The majority’s opinion was based upon the despicable Wickard v. Filburn…
Comment by Oregon Commentator Online — June 6, 2005 @ 7:15 pm
I feel that the Supreme Court just became a full fleged kangaroo court. They took the will of the people and made a mockery of the voting process. The Congress is doing the same. The supreme court definately doesn’t deserve a capital letter in it’s title. nor do they deserve to have their rulings adhered too as they are treating the Constitution as a piece of elaborate toilet paper, as is Congress. They are buckeling under pressuer from the federal gastopo and the christian right wing who I see as being as bad as the spanish inquisition.
The federal government doesn’t even take into concideration the numerous studies done on the medical benifits of marijuana. Nor do they have the expertice to rule on it being a medication.
They are just playing to the LARGE pharmacutical companies that are loosing money cause they can’t charge the people that are using pot as a legitamit medicine and the gov is pissed off due to the fact that they aren’t in a position to tax it. Not that they will cause they would piss off the phamacutical companies and loose a bunch of campain funds.
Comment by Darrel Roff — June 6, 2005 @ 7:15 pm
Another Nail in Federalism’s Coffin
In a 6-3 decision the Supreme Court today ruled in favor of the federal government in Gonzales v. Raich, opening the door for federal prosecution of medical marijuana patients. The majority’s opinion was based upon the despicable Wickard v. Filburn…
Comment by Oregon Commentator Online — June 6, 2005 @ 7:44 pm
hydrocodone apap
buy hydrocodone online order hydrocodone buy hydrocodone without prescription hydrocodone cod hydrocodone apaphydrocodone apap
Comment by Anonymous — August 2, 2005 @ 2:41 pm
Royal Caribbean Cruise
Royal Caribbean Cruise - one of the best Caribbean cruise line! Best regards.
Comment by Royal Caribbean Cruise — August 27, 2005 @ 12:49 pm
Carnival Cruise Lines
Carnival is one of the world
Comment by Carnival Cruise Lines — August 29, 2005 @ 2:27 pm
Celebrity Cruise Lines
Celebrity Cruise Lines - one of the best cruises with comfortable ships. Best regards.
Comment by Celebrity Cruise Lines — September 3, 2005 @ 7:57 am