American Entropy: Supreme Court strikes down state rights, 6 to 3

06 June 2005

Supreme Court strikes down state rights, 6 to 3

Unbelievable

Looking for the dissenting opinion presently

In a dissent, Justice Sandra Day O’Connor said that states should be allowed to set their own rules.

“The states’ core police powers have always included authority to define criminal law and to protect the health, safety, and welfare of their citizens,” said O’Connor, who was joined by two other states’ rights advocates: Chief Justice William Rehnquist and Justice Clarence Thomas.

The legal question presented a dilemma for the court’s conservatives, who have pushed to broaden states’ rights in recent years, invalidating federal laws dealing with gun possession near schools and violence against women on the grounds the activity was too local to justify federal intrusion.

O’Connor said she would have opposed California’s medical marijuana law if she was a voter or a legislator. But she said the court was overreaching to endorse “making it a federal crime to grow small amounts of marijuana in one’s own home for one’s own medicinal use.”

.pdf of the decision here.

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