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re: Oklahoma, Nebraska Ask U.S. Supreme Court To Overturn Colorado Marijuana Law
Posted on 12/20/14 at 4:19 pm to SlowFlowPro
Posted on 12/20/14 at 4:19 pm to SlowFlowPro
quote:This line of precedent is vulnerable because Scalia is an a-hole. Remember, he's already shown in Raich that his federalism principles are subordinate to his social conservatism.
and the USSC can't force the federal or state governments to execute their laws.
The majority for Printz was exactly the same as it was in Lopez and Morrison. I suspect that this might end up being the Raich of the anti-commandeering line of precedent, where Scalia stands athwart the court and says "okay, but not this far because weed is for hippies."
(This is also assuming Roberts and Alito decide the same way as Rehnquist and O'Connor, which is iffy.)
This post was edited on 12/20/14 at 4:20 pm
2
Posted on 12/20/14 at 4:43 pm to Iosh
quote:
This line of precedent is vulnerable because Scalia is an a-hole. Remember, he's already shown in Raich that his federalism principles are subordinate to his social conservatism.
Ideology aside, Scalia really seems like an a-hole.
Posted on 12/20/14 at 5:14 pm to Iosh
quote:
Remember, he's already shown in Raich that his federalism principles are subordinate to his social conservatism.
but there was a real conflict there between the state and federal government. there isn't one in reality here
as long as Wickard is the law of the law, Raich is correct. that's why i like thomas's dissent
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