Posted on 05/04/2015 3:08:56 PM PDT by gwjack
WASHINGTON — The U.S. Supreme Court asked Monday for the Obama administration’s views on whether Oklahoma and Nebraska should be able to sue Colorado over its marijuana laws.
The court sometimes asks the solicitor general — the president’s advocate before the U.S. Supreme Court — for input on a case justices potentially will hear.
(Excerpt) Read more at newsok.com ...
Congress has no authority to pass drug laws.
If they did, why did they have to amend the Constitution in 1917 to permit the Volstead Act?
Hi Jim.
The pot question is but a tree in the forest. The major Constituional issue is can one state (or two in this case) bring suit against another state for harm caused by its laws in a remote state? It will be interesting to see if the Supremes grant cert.
Gwjack
This is not a certiorari case, but a rare case of original jurisdiction. Sovereign states can only sue each other in the Supreme Court, although the Court can exercise its discretion not to take the case.
SOP
They have to take this. Original jurisdiction.
Hi C T,
Thank you for the clarification. I seem to recall that from my Federal Civil Procedure courses.
So, what do you think? I’m dubious about the suit. I would think that alternative recourses may be available. BTW, I’ve got an aging client that offered (note I said offered) some Mary Jane ointment for pain relief. He brought it back from Colorado last summer.
See my # 8.
Bammy wants to short cicuit the travels of the doobie...
The issue is with Colorado’s state law causing increased expenses to Oklahoma. The people of Colorado need to be accountable for their actions.
Allowing one state to sue another state because of a legally passed law that has zero jurisdiction in the plaintiffs state is a VERY BAD PRECEDENCE.
The laws of Colorado are not enforceable in Oklahoma. There is no expense that burdens Oklahoma.
When you have the pot problem spilling over into Oklahoma there is cost.
White House: "Barack? Barack's not here!"
-PJ
No,No, No, they were just asking which pot he likes better, Colorado or Oklahoma.
No there is not. Oklahoma law, applied in Oklahoma territory is an Oklahoma problem.
The basis of the suit is vague, stuff like tearing the fabric of a policy of national enforcement of marijuana laws. Sounds a lot like penumbras to me.
Let me ask you this, if you neighbor decides to keep a bunch of poo in his back yard and you can smell it 24/7, are you going to complain or just live with it since he is free to do whatever he wants at his own house? (assuming no legal issues with it)
That is probably not the best example but you get the idea. Yes everyone is free to make their choices, but if the consequences impose problems on others then depending on the nature of it, they might be liable.
Rat States cause all sorts of problems with the rest.
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