2 states are asking Supreme Court to nullify CO marijuana legalization

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Nebraska and Oklahoma last week asked the U.S. Supreme Court to toss out portions of Colorado's pot legalization law. The states contend that Colorado's law — and especially Colorado's licensing and regulation of marijuana stores — violates the U.S. Constitution's Supremacy Clause, which says the federal law reigns when state and federal laws are in irreconcilable conflict.

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Legal scholars have generally been skeptical of the Nebraska-Oklahoma pot lawsuit. But the states' argument may have an ally on the Supreme Court.

Earlier this year, after a speech in Boulder, Justice Antonin Scalia was asked whether Colorado's legalization of marijuana infringes on the federal government's authority. Scalia sidestepped the question, noting that the issue might one day come before the Supreme Court. But then he added, "The Constitution contains something called the Supremacy Clause."

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