Tuesday, April 6, 2010

The forgotten Supreme Court ruling of 2005.

The conservative right, led by former President Bush pushed the Supreme Court in 2005 to mandate federal control of Marijuana over state's sovereignty in a case regarding homegrown marijuana for medical use. They should not have won that but they did. That set the case law for this exact issue which is the reach of the federal government's power to regulate commerce.

The 2005 ruling, which favored conservatives but which no one noticed at the time because they were so concerned that Devil Weed not be legalized and that the federal government be able to steamroller individual choice and states' rights, conservative Justices Antonin Scalia and Anthony M. Kennedy joined a 6-3 ruling that said Congress could regulate marijuana that was neither bought nor sold on the market but merely grown at home legally for sick patients. That enabled the DEA to keep raiding over the wishes of the voters and they are still at it.

The CONSERVATIVE Supreme court ruled in favor of the conservative position (which was not thought out) that the Constitution gave Congress nearly unlimited power to regulate the marketplace as part of its authority "to regulate commerce."   Bush was pushing for federal control over darn near everything and he had a Republican Congress and a Conservative Supreme court behind him.

The Conservatives got what they wanted and established in law something that is now going to bite them in the butt with health care because the Supreme Court is not going to reverse itself because of unintended consequences.

No one mentions this because, in a strangely unexpected turn of competent political strategy, the Dems are going to quietly allow the Conservatives to take this matter back to the Supreme court just in time to make themselves look ridiculous before the November election for trying to challenge the very same law they fought so hard to establish and won by a 2-to-1 majority.

The huge irony here is that neither a conservative NOR a liberal Supreme Court is going to reverse that ruling. George "Dubya" Bush sowed the seeds for socialism.  He didn't quite understand what tipping the balance of government heavily in favor of the executive branch would do.  Now we know.


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