My take on the Supreme Court’s Raich Decision
I’m going to stick my nose out and say that the Supreme Court did exactly what they should have done in the Raich decision. In deciding that federal law supercedes state law in determining whether medicinal marijuana can be allowed, there was no other that the US Supreme Court could have made.
That said, I think the outcome is wrong. I have absolutely no doubt in my mind that the medicinal use of marijuana can be not only valuable in many cases, but outright life-saving in some, as well. When your life-saving medicines make you vomit, and are regurgitated along with the bile, they can’t save your life. If marijuana allows you to NOT vomit, and thus keep your other medicines in your system where they can work, then marijuana is a life-saving drug. It’s that simple. This is but one of the medical benefits of this drug.
Not only that, but there is nothing in the US Constitution that says that the United States government has any powers over the practice of medicine. ANY involvement in medical practice, be it licensing of doctors, approval of drugs, accreditation of medical schools or weeding out the quacks is contrary to the powers invested in our federal government.
The commerce clause, if used in this manner, is a wholesale abuse of powers by the federal government. Clarence Thomas was right in his criticism of this decision on these grounds. By simply having a market effect on other items which are subject to interstate commerce, medical marijuana was limited. This limitation was approved by the US Supreme Court.
Of course, I did say that the Supreme Court did what they should have done, didn’t I? That’s because the Supreme Court doesn’t just make decisions in a vacuum. They look at cases in regards to the US Constitution, sure, but also as they relate to previous case law. Previous case law has been strengthening the powers of the US government to abuse the commerce clause for decades. The platform for this horrible decision was made one step at a time, in case after case. Rare is the case that protects us from this abuse.
All along, I’ve had a pretty good idea of what would happen in this case. I knew that the federal government SHOULD lose on constitutional grounds. I knew that the federal government should lose because this case was only brought forth as a means to prove that they could do what they wanted when it came to medical marijuana. I knew that the federal government should lose because for them to win will mean the loss of innocent human life. I knew the government would win, simple because the grounds for it have been built by case law.
This whole story, as it has unfolded, has included the loss of life. Author Peter McWilliams is a victim of the federal government’s willingness to prove a point and exercise its power. He sufferred from AIDS and Cancer, both of which were under control in major part because of his use of medical marijuana. His arrest took away his ability to use this life-saving drug, and then it took his life.
Interesting that the dissent in this case came from the “right wing.” They tried to do the right thing, but the concept of state’s rights isn’t something that too many members of the court care to consider, even when it is supported by the constitution and could save lives.
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