Baseball Crank
Covering the Front and Back Pages of the Newspaper
November 30, 2004
LAW: Mary Jane's Last Dance?

Dahlia Lithwick has a snarky look at the Supreme Court's oral arguments concerning California’s medical marijuana law, asking “should the court's staunchest conservatives get away with being for states' rights only when the state in question isn't California?

I’m sympathetic to the medical marijuana law in question, defended in this case by Randy Barnett, and, in fact, would support a good deal of reform of American drug laws. Yet Lithwick’s accusations of hypocrisy would be a lot more convincing if the Court had not, on the very same day, (correctly) declined to hear a case challenging the Massachusetts Supreme Court’s (egregious) “gay marriage” ruling, presumably on federalism grounds.

Also, in a broader sense, this is an annoying form of argument. One gets the sense here that Lithwick doesn’t really believe in federalism, but supports using it as a justification for drug legalization at the state level. Isn’t that line of reasoning just as hypocritical as that which she prematurely accuses the Supreme Court of following?

Posted by Baseball Crank at 10:04 AM | Law 2002-04 | Comments (0) | TrackBack (0)
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