Clarence Thomas is right, on one thing.

[pat]

There is no way in hell to square this morning's case upholding Oregon's assisted suicide law with last-year's medical marijuana case. Not unless you make some distinctions that are so fine as to be nonsensical. Not that that has ever stopped the Court before. It is noteworthy that the Court did not even try to address this issue in its majority opinion.

Mind you, I think last year's case was wrongly decided.

Comments

[mrblue92.livejournal.com]

*randoms by*

With all due respect, I don't think the distinctions are nonsensical.

The Raich case last year hinged largely on the Commerce Clause and the fact that marijuana is still listed as a "Schedule I" substance (i.e. no legitimate medical purpose). As far as I can tell, that Schedule I status went unchallenged for the purposes of that case--the primary focus was the Commerce Clause--whether or not locally grown product not for open market was subject to federal regulation. The rationale used to argue the case could have also applied to home-manufactured (non-commercial) opium or cocaine (rightly or wrongly).

Oregon, on the other hand, speaks to "legitimate medical purposes" and whether the Attorney General has the authority to make that interpretation contrary to the state's statute. The recent decision essentially says no, the current law is about drug trafficking and the power to modify it lies with Congress. [Incidentally, marijuana *is* briefly mentioned in the majority opinion--pointing out that "Congress' express determination that marijuana had no accepted medical use foreclosed any argument..."]

In short, the first is about legislative authority while the second is about executive authority. In that sense, they are apples and oranges.

Thus Thomas? Still wrong. ;)

[patgreene.livejournal.com]

You just wandered in randomly? That's neat. : )

As far as your explanation of the case, I got you. I was not thinking too clearly -- but you're right. That's what I get for reading SCOTUS.blog and not going to the opinions themselves : )

[mrblue92.livejournal.com]

On rare occasions I poke through friend's friends...

Can't blame you too much for looking at summaries. You'd have to be a pretty big weenie to read through these things for fun.

Err...

Or a very concerned citizen, yea, that's the ticket...