Puff the Magic Dragon
Randy Barnett represents medicinal cannabis interests in the case pending this fall before the Supreme Court.
Yesterday, the government filed its brief in Ashcroft v. Raich, the medical cannabis case I have been litigating, which is now before the Supreme Court. It contained no surprises but it continues to be disappointing to witness a Republican administration so completely uninterested in federalism (just as it was disappointing when the Clinton Justice Department brought suit in equity to shut down the Oakland Cannabis Buyers Cooperative, another pro bono client of mine). I realize that disappointment is only an appropriate response if one expects something better or different, and I do know better. Federalism diminishes the power of whichever party controls the Congress or Presidency or both. (And elected Democrats apparently do not think they can afford to look soft on drugs.) But it is still sad--and yes even a bit disappointing--that neither of the two major national parties has any genuine convictions in support of a principal so central to our constitutional system.
As little Jackie Papers said, Amen. He did say that, didn't he?