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I want the 9th Circuit to have my baby!

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  • #1

    I want the 9th Circuit to have my baby!

    Well, I posted a thread a couple weeks ago about the 9th Circuit attacking a crappy provision of the 1996 Antiterror Act wrt funding terrorist groups.

    And of course - I'm sure y'all have heard of this, about a week ago, the 9th Circuit ruled that the people held at Gitmo can't be detained indefinitely.
    Error
    http://edition.cnn.com/2003/LAW/12/18/court.gitmo/
    Error


    And a couple days ago the 9th Circut has ruled that the feds' controlled substances act doesn't overrule California's law legalizing medical marijuana.
    Page not found - CounterPunch.org
    http://www.counterpunch.org/harrison12182003.html


    "Beware of the man who works hard to learn something, learns it, and finds himself no wiser than before. He is full of murderous resentment of people who are ignorant without having come by their ignorance the hard way. "
    -Bokonon
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  • #2
    I agree with the second oen. but I can care less if the prisoners at gitmo are there indefinately- unless they are U.S. citizens.

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    • #3
      Once again, these decisions will probably be overturned, like many of the 9th Circuit's decisions. Better clean that cream out of your jeans.
      KH FOR OWNER!
      ASHER FOR CEO!!
      GUYNEMER FOR OT MOD!!!

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      • #4
        And a couple days ago the 9th Circut has ruled that the feds' controlled substances act doesn't overrule California's law legalizing medical marijuana.


        Don't get too excited about this one. The dissenting justice was correct on this one. If you look at Wickard v. Filburn, even intrastate medical drug use can be regulated under the Commerce Clause. Unless SCOTUS overrules Wickard, which is very doubtful, this case will probably be overruled.
        “I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
        - John 13:34-35 (NRSV)

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        • #5
          Wickard relied on a special case (in addition to dubious reasoning of course). IIRC the idea was that deciding to grow wheat affects its interstate market price. However, in the case of medical marijuana, as it isn't legal in other states, there exists no legal interstate market, thus the argument in Wickard cannot be applied.
          "Beware of the man who works hard to learn something, learns it, and finds himself no wiser than before. He is full of murderous resentment of people who are ignorant without having come by their ignorance the hard way. "
          -Bokonon

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          • #6
            Once again, these decisions will probably be overturned, like many of the 9th Circuit's decisions.
            And once again, that's probably the case, but it's refreshing to finally see someone who's willing to put up a fight against our decline into a police state.

            At least the 2nd Circuit's decision on Padilla likely won't be overturned.

            Better clean that cream out of your jeans.
            They're already stained.
            "Beware of the man who works hard to learn something, learns it, and finds himself no wiser than before. He is full of murderous resentment of people who are ignorant without having come by their ignorance the hard way. "
            -Bokonon

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            • #7
              Wickard relied on a special case (in addition to dubious reasoning of course). IIRC the idea was that deciding to grow wheat affects its interstate market price. However, in the case of medical marijuana, as it isn't legal in other states, there exists no legal interstate market, thus the argument in Wickard cannot be applied.


              Believe me, it will be. Wickard stands for the fact that even intrastate commerce can be regulated because it has (potentially) effects of interstate commerce. It has been taken for the proposition that ANY commerce can be regulated by the federal government. If the SCOTUS reverses Wickard many programs would have to be seriously reconsidered and the SCOTUS isn't going to place that burden on the federal government.

              And besides they can say if other states legalize medical marijuana, then it would affect prices on that open market.
              “I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
              - John 13:34-35 (NRSV)

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              • #8
                It's a drug case going before a court known to be quite Statist when it comes to such matters. I wouldn't count on it standing.
                I make no bones about my moral support for [terrorist] organizations. - chegitz guevara
                For those who aspire to live in a high cost, high tax, big government place, our nation and the world offers plenty of options. Vermont, Canada and Venezuela all offer you the opportunity to live in the socialist, big government paradise you long for. –Senator Rubio

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                • #9
                  Yeah but no other states have legalized medical marijuana. In pretty much every other situation, you can "make" that argument, but not in this one. 'Specially when you have a state law directly contradicting the federal one.
                  "Beware of the man who works hard to learn something, learns it, and finds himself no wiser than before. He is full of murderous resentment of people who are ignorant without having come by their ignorance the hard way. "
                  -Bokonon

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                  • #10
                    True, I'm not saying it won't be overturned, but legal precedent I think argues otherwise.
                    "Beware of the man who works hard to learn something, learns it, and finds himself no wiser than before. He is full of murderous resentment of people who are ignorant without having come by their ignorance the hard way. "
                    -Bokonon

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                    • #11
                      Yeah but no other states have legalized medical marijuana.


                      Doesn't matter...there would be the potential for it to happen.
                      “I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
                      - John 13:34-35 (NRSV)

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                      • #12
                        In which case, the matter could be revisited. But it doesn't make sense yet.
                        "Beware of the man who works hard to learn something, learns it, and finds himself no wiser than before. He is full of murderous resentment of people who are ignorant without having come by their ignorance the hard way. "
                        -Bokonon

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                        • #13
                          The SCOTUS isn't going to say this matter can be revisted later. They just don't act like that.
                          “I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
                          - John 13:34-35 (NRSV)

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                          • #14
                            I'm not saying the they won't overturn it. I'm just saying such a decision doesn't make legal sense.
                            "Beware of the man who works hard to learn something, learns it, and finds himself no wiser than before. He is full of murderous resentment of people who are ignorant without having come by their ignorance the hard way. "
                            -Bokonon

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                            • #15
                              and?
                              “I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
                              - John 13:34-35 (NRSV)

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