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March 28, 2010
Forces Of Drug Prohibition Won Big
The forces of drug prohibition won a big case that will reverberate in the fight against the health care bill. They won it in 2005 in the Supreme Court. Read it and weep. Lawsuits from 14 states challenging the constitutionality of the new national healthcare law face an uphill battle, largely due to a far-reaching Supreme Court ruling in 2005 that upheld federal restrictions on home-grown marijuana in California.Which just goes to show you that Liberty is indivisible. You start denying it to people you don't like and pretty soon it will be denied to you. This would be hilarious if it wasn't so funny. Here is a nice little ditty. First they came for the crack users; but I said nothing. I was not a crack user.Well I have been screaming my lungs out about the Drug War for decades. And my conservative friends have been putting their fingers in their ears and screaming "La La La I can't hear you." Can you hear me now? Cross Posted at Power and Control posted by Simon on 03.28.10 at 03:15 AM
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bob, You are correct. The case is Wickard vs Filburn. M. Simon · March 28, 2010 02:35 PM Post a comment
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I believe the 2005 ruling actually refers back to a 1930s case in which the court ruled that under the commerce clause the Feds could regulate a wheat farmer whose total crop was used on his own farm and not sold.
That case was all about commerce and where the lines are. Griswold v. Connecticut might serve as a counter precedent if some judge will see drug use a a personal (our bodies ourselves) issue. After all, Griswold only addressed whether married people could practice birth control. It eventually became a woman's right to an abortion.
By the way, if Griswold can't be used for drug rights (even medicinal? our bodies?) it probably will be used to legalize polygamy and prostitution.