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Justice Department urges Supreme Court to throw out Nebraska/Oklahoma lawsuit

Thanks to Tom Angell for the info:

This is regarding the lawsuit against Colorado by those states, because they feel harmed by the cost of having to arrest people in their own states for possessing marijuana.

Brief for the United States as Amicus Curiae

The motion for leave to file a bill of complaint should be denied because this is not an appropriate case for the exercise of this Court’s original jurisdic-tion. Entertaining the type of dispute at issue here—essentially that one State’s laws make it more likely that third parties will violate federal and state law in another State—would represent a substantial and unwarranted expansion of this Court’s original jurisdiction.

Well said.

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34 comments to Justice Department urges Supreme Court to throw out Nebraska/Oklahoma lawsuit

  • claygooding

    I was reading about this earlier and it supports the DOJ’s claim that it was not unconstitutional for states to end marijuana prohibition.

    Whether the SC listens to the DOJ is still up in the air because according to the history of this court they don’t follow the constitution much either.

    But it muddies up the water even more on why they refuse to reschedule cannabis,,and makes taxpayers look like fools for funding the DEA and local law enforcement to keep on busting marijuana users.

  • Tony Aroma

    Both Oklahoma and Nebraska have an initiative process. I’d like to know, if the citizens in one or both of those states legalize marijuana, would they sue themselves and/or each other?

    • Duncan20903

      .
      .

      Did you know that some OK State Republicans wrote a letter to the OK AG urging him to withdraw this hypocritical meadow muffin of a lawsuit back in January? I filed this one in the “don’t you have to at least graduate from law school to get elected AG?” category:

      Some Oklahoma state lawmakers oppose pot lawsuit against Colorado
      Cite the importance of states’ rights
      1/7/2015

      Some Oklahoma lawmakers are asking the state’s attorney general to drop his lawsuit against Colorado — and the state representatives and senators are saying they might join Colorado as defendants if the U.S. Supreme Court takes the case.

      “This is not about the legalization of marijuana,” said Republican state Rep. Mike Ritze, who wrote a stern, three-page letter to the state’s Attorney General Scott Pruitt.

      “It’s about states’ rights.”
      /snip/

      Ritze, who leads the Oklahoma House’s public health committee and is a state-certified surgeon and physician, delivered the letter to Pruitt’s office on New Year’s Eve with the signatures of six other state lawmakers.

      The letter said Oklahoma’s “lawsuit against Colorado is the wrong way to deal with the issue” primarily because of its potential implications “for states’ rights, the Tenth Amendment and the ability of states and citizens to govern themselves as they see fit.”
      /snip/

    • claygooding

      Oklahoma has an initiative being signed now for MMJ out of Duncan,OK with the TV news reporting it and telling citizens where to go if they want to sign the petitions,,and a Tulsa,OK group is starting a signature drive for a legalization initiative.
      So it is happening,,even in a state where they roll they’re joints all wrong,,they are way too skinny and too damn long.

      I had high hopes for the Cherokee,Comanche,Apache and the Choctaw nations but apparently the feds raiding other tribes has snuffed that out,,and the DEA asking for more money for seizure cases may be so they can try to take tribal lands,,these basturds are evil and they speak only with a forked tongue.

  • Mr_Alex

    If anybody wants to see Linda Taylor, hahahahahaha:

    http://youtu.be/an7neQrpc94

    She looks like a whale

    • Duncan20903

      .
      .

      .
      .

      Wow, she must have gotten off parole for that aggravated ugly in public felony conviction. I wonder, is she actually aware of the potential criminal liability now that she’s a 3 time loser? For the love of humanity, let’s all chip in and buy that woman a burqa!!

      (Does anyone know how the heck the women who wear burqas get a driver’s license, cash a check or make a withdrawal at the bank?)

      Since we’re on the subject of truly disgusting whales for your viewing pleasure, here’s a four minute twenty second compilation of dead whales exploding:
      https://www.youtube.com/watch?v=xJD8MT1Jfs8

    • Alex, next time you talk w/ Randy Philbrick, ask how much he’s receiving in Anti-Drug Community Grant money…

      • Mr_Alex

        he already blocked me on FB, Twitter and even the SAM Oregon page

        • Hope

          Mr_Alex, I think you may be encroaching on surpassing DdC’s record for getting kicked out of and banned from more venues than any activist on the Internet. (I’m smiling as I write that.)

        • Minging

          He’s still working at Pizza hut.
          Have you done anything about that yet?

  • kaptinemo

    The fact that it got this far is just one more example of just how loopy the American justice system has gotten. If anything, these suits were perfect illustrations of the term, ‘frivolous’.

    So, now, the citizens of OK and NE must pay for this enormously stupid and egregious waste of their taxpayer dollars by their public-servants-who-would-be-their-masters. For that is exactly what the aims of these suits were, plain and simple: an unwarranted power-grab on the part of those self, same ‘servants’. A tissue-paper thin disguise for a gambit to undermine the democratic process.

    Time to fit these goons with tighter collars, and shorter leashes. They’ve already demonstrated their contempt for the very process which they were entrusted to protect. I wouldn’t trust them to be dog-catchers, much less cops and AG’s.

    Obviously, their Oaths to ‘preserve and protect’ the Constitution and its Bill of Rights were only mumbled in order to gain a paycheck. They should be made to swear that Oath again, loudly, publicly, line by line, with a reminder where in the Oath they abrogated their pledges, in shame for what they have tried to do…or face termination.

    • B. Snow

      There’s two things at hand here,
      One = they couldn’t prove how much greater the use/possesion would be due to the other states’ laws – It would also force them to come up with a number of how much $$ they’re already wasting, on attempting to enforce these laws and failing… Long before Colorado and Washington, changed their laws.

      Second = This argument/logic could be turned against them by other States (California, Illinois, New York, etc.) – In their current attempts to federalize gun control laws.

      “We can’t get rid of guns in our state = because people go to the next state or two over and purchase them legally in those states & then bring them back to our would be Utopia…”

      The – “If it weren’t for those *Meddling Citizens* who are serious about their right to own guns = aka a variant of the Scooby-Doo villian’s standard Trope, you hear them whining at the end of basically every episode.

      No Nanny-Staters Tolerated, Period = End of statement…

      “These aren’t the drugs, guns, or droids your looking for, we don’t need to see your license/registration/insurance, Move Along, move along…”

    • Windy

      Actually, violating that oath of office is a REAL federal felony, they SHOULD be arrested, charged, and tried and convicted in a court of law, then go to prison!

  • Servetus

    The Nebraska/Oklahoma lawsuit is meritless. It never had a chance. Even as symbolism, or political theater, it sucked. A far better lawsuit is making its way up the chain, one that should send shivers down any prohibitionist’s spineless back.

    The U.S. Second Circuit Court of Appeals is opening a path to sue former federal officials for how they conducted the “war on drugs” by currently opening a path to sue them for their use of torture and false imprisonment on terrorism suspects in their “war on terror”:

    Dec. 14, 2015 — For almost a decade and a half, the people behind the Bush administration’s shameful treatment of terrorism suspects have avoided punishment for their crimes, but that may be about to change.

    The courts have had their say and have ruled that former Bush administration officials can, in fact, be sued for how they conducted the “war on terror.”

    The Second Circuit Court of Appeals made that pretty much official on Friday when it refused to hear a challenge to its earlier ruling in the case of Turkmen v. Ashcroft. That case, sparked by a civil rights lawsuit filed by the Center for Constitutional Rights, involves hundreds of Arab, Muslim or South Asian men who were detained and then abused by our government in the weeks following 9/11.

    In the matter of The People versus Robert L. DuPont, William J. Bennett, John Walters, Peter Bensinger, Joe Biden, et al., the future defendants could face interesting times.

    http://www.truth-out.org/opinion/item/34032-court-rules-bush-administration-can-be-sued-for-war-on-terror-conduct

  • Duncan20903

    .
    .

    Good golly, the sycophants of prohibition must have done something extrastupid to get Mr. Murphy so pixxed off. Not only Murphy but they just had to push the envelope and now Morton’s corollary is giving them a beat down with a silly stick.

    Hey, that means that it’s time for the latest episode of “Dueling Headlines”

    The case for marijuana legalization just got stronger
    Washington Post-17 hours ago

    Fresh Data Shows No Increase In Teen Marijuana Use After …
    Daily Caller-11 hours ago

    Legalizing marijuana not a factor in increased teen use, federal …
    SFGate (blog)

    Are new laws leading more teens to smoke marijuana?
    Christian Science Monitor-13 hours ago

    “Never let the facts stand in the way of disseminating an effective piece of hysterical rhetoric”

    Do you have any idea why a marginal decrease in youth rates of cannabis consumption could be leading more teens smoke marijuana? Well neither do I but the Christian Science Monitor says it’s because all of the youth use rates for the other popular names on the Federal naughty list had healthy reductions in their respective rates. Since cannabis rates held steady that means that youth consumption has increase. I bullshit you not so go figure that one out. If you succeed in doing so please come back and ‘splain it to me.

    Marijuana use is becoming more acceptable to Americans in general – and that includes teenagers.

    The shift was highlighted in a 2015 “Monitoring the Future” survey, which found teen use of pot has held steady in the last year even as abuse of most other drugs has declined among teens. At the same time, the survey indicates, teens are showing less concern about the dangers of marijuana use. The survey, published Wednesday by the National Institutes of Health, was conducted by researchers at the University of Michigan.
    /snip/

    Pretzel Logic — Steely Dan

    I stepped up on the platform
    The man gave me the news
    He said, You must be joking son
    Where did you get those shoes?
    Where did you get those shoes?
    /snip/

    Since we’re going to buy Linda Taylor a burqa, shouldn’t we chip in a to buy the other “elite” prohibitionist parasites a present? Just in the spirit of fair play? How would everyone feel about giving them dunce caps?

  • Servetus

    The Making of a Narco Terrorist (cartoon graphics illustrate five different drug cases, each allegedly terrorist linked):

    Five criminals in far-flung parts of the world, five D.E.A. sting operations, five dubious links between drugs and terror. The characters are different but the story remains the same. Authorities said each case demonstrated alliances between terrorists and drug traffickers, but most of the alleged links fell apart in court. Here’s how narco-terrorism cases are made.*

    http://projects.propublica.org/graphics/narco?utm_source=et&utm_medium=email&utm_campaign=dailynewsletter&utm_content=&utm_name=

    *By Ginger Thompson, ProPublica, Susie Cagle, special to ProPublica, and Lena Groeger, ProPublica, December 15, 2015.

  • Gurney Halleck (@GurneyHalleck85)

    Article on Vox arguing for legalization of marijuana but which also substantively gives support to the position of prohibitionists. The take away is to make the reader more cautious and fearful of legalization, IMO:

    http://www.vox.com/2015/12/17/10413134/marijuana-legalization-surveys

  • claygooding

    The DNC just suspended Bernie Sanders access too their voting data because an employee accessed Hillary’s files while the firewall was down,,which sounds sort of like a woman saving a cum stained dress for 2 years.

    Bernie Sanders reported the breach and fired the employee,,which I believe was a plant,,and the DNC realizing that their propaganda polls were not fooling the public about Hillary leading the campaign had to do something or face all those rich contributors wanting their money back or never backing another (D).

    • jean valjean

      This has got to have Wasserman-Schultz’s finger prints on it. Also, in other news of corrupt Dems, why are the msm so quiet about Rahm Emanuel’s oversight of the Laquan Macdonald shooting and the attempted cover-up? Couldn’t be anything to do with his closeness to Hillary, could it?

      http://www.vox.com/2015/12/17/10423744/rahm-emanuel-resignation-chicago-mayor

      http://www.alternet.org/news-amp-politics/rahm-emanuels-catastrophic-downfall-why-it-should-be-much-bigger-deal-hillary

      • B. Snow

        The “MSM” has been anything but quite IMO (based on MSNBC *much less partisan with Andy Lack back in charge* & CNN hasn’t skipped the story either… it’s far from over though.

        IMHO there’s not all that much there there to legally blame on Rahm himself just yet though. That council/board who decides its cheaper to settle than go to court, was ostensibly making those decisions For the most part.

        Did Rahm Emanuel *know* whwt was up?Probably, I’m sure he had a general idea = But did the political move of not watching the film personally = T keep some degree of plausible deniability.

        I’m no fan of Rahm & that shooting AND police misconduct in Chicago are fraked up something fierce – its been that way since the beginning – not something that you -just fix- with corruption though. Will they ever manage to do so? IDK but It’ll take time -thsy just may actually start working on it (again) now.

    • kaptinemo

      The Democratic Party has had a long history of that sort of thing, the same kind of illegal procedural machinations as the Repubs did recently to Congressman Ron Paul.

      In 1964, the Dems essentially shut out challengers to the Elite-controlled Party ‘machine’ in order to prevent what they called a ‘radical’ take-over by its base…essentially what the present-day Repubs are facing today, in the form of the schism between the Elite machine and the ‘base’ (many of whom joined the Tea Party) comprising many who see that Elite as self-serving and not in line with their values.

      It’s getting ever harder to hide the heavy hand of the de facto political Elite’s influence in the political process any more, largely thanks to the Internet. Just as with drug law reform, the Internet allows one to ‘connect the dots’ of the hidden facts with the public face, providing a view of the (in the original meaning of the word) occulted dimensions of policy and politics.

    • DdC

      Bernie Sanders Campaign Threatens Legal Action Against DNC

      Sanders takes Democratic officials to court over campaign data breach

      So Hilary “ask” Lil Debbie Wasserface to block Sanders, then find out if he did something wrong. Or if something actually happened.

      “We are asking that the Sanders campaign and the DNC work expeditiously to ensure that our data is not in the Sanders campaign’s account,”
      Clinton campaign spokesman Brian Fallon

      His campaign had acted in an “inappropriate, unacceptable” manner and had downloaded the information.
      CNN interview: DNC Chair Debbie Wasserman Schultz
      defended the punishment against Sanders.

      “To get to the bottom of it we are going to ask the Sanders campaign to participate in an independent audit,” she said. “I hope they will agree to that.”

      Stu Trevelyan, chief executive officer of DNC software vendor NGP VAN, acknowledged the breach in a statement but said his company is not aware of any previous reported incidents of data being “inappropriately available.” He called the breach a “brief isolated issue” that was fixed and is now being reviewed.

      Sanders supporters were outraged by the DNC’s response to the breach.

      Lil Debbie Wasserface…thinks it’s okay for medical marijuana patients to go to federal prison.

      Debbie’s damage control

      A top Democratic donor claims the DNC chair offered to switch positions on medical pot if he took back his criticism.
      The proposal to Orlando trial lawyer John Morgan was straightforward: retract critical statements he made to a reporter in return for Wasserman Schultz publicly backing his cannabis initiative that she had trashed just months earlier. Morgan declined the offer with a sharp email reply sent to a go-between, who described the congresswoman as being in a “tizzy.”

      Should Democrats Demand That Debbie Wasserman Schultz Step Down?

      Pro-pot group says Debbie Wasserman Schultz repeatedly voted to send sick patients to prison.

  • Minging

    .

    I know it’s only decriminalization but I feel a song coming on ..

    Oh, what did Della smoke boy
    
What did Della smoke?

    What did Della smoke boy
    
What did Della smoke?

    She smoked a big fat doobie
    
She smoked a big fat doobie

    She smoked a big fat doobie

    Thats what she did smoke

    One, two, three, four

    http://tinyurl.com/z6qrxg8

    • DdC

      Commerce Kevi, Savedior of all brainless badges, corporate ho’s, and religionist twits. Justifying a trillion dollars to eradicate a weed people will gladly remove for free. Some even pay taxes on it. Instead of sucking needed funds for the basics to maintain a country. Leeches sucking the life out of the sick children. A multi-billion dollar smear campaign to ruin Americans lives. Disgusting domestic war crime.

      Constant fear hovering over patients and those seeking alternatives to booze or the side effects of fat pharma. Is defined as domestic terrorism. You make a whole lot of people suffer and despise anything associated with the stain you’ve put on this country. Sneaky, Conniving, lying weasels should not be near anyone writing policy. Go away pest, prince of mosquito’s.

      Federal, not state. Not enforcing is not “legalizing”. So nothing has changed. Colorado could sue Nebraska and Oklahoma with the same charges. Same game drug worrier profiteers play with the CSA. How’s it feel having your own bogus Prohibition used against you oh ignoble worm casting?

    • Windy

      Left him a message in the comment section, it will never be posted in the comments as he won’t want anyone else to see it, but he will, heh heh heh! Told him he’s not credible, now that we now about his connection with the Semblers and with ONDCP still illegally funding him, and said no one is going to listen to his prohibitch ass any more. Just two sentences gonna get his BP up, maybe he’ll blow up like an overfilled balloon.

  • kaptineo

    He considers preserving the remaining shreds of the separation of powers, so vital to our democracy, as being ‘hype’. Does this help illustrate the Inner Dictator that most prohibs have buried within them?

    Truly, they are as Nietzsche described them. They have fought with monsters (of their own making) for so long, they have become what they fought, and they have looked so long into the abyss (again, of their own making), that that is all that’s left, an abyss within themselves. The fanatic truly does redouble efforts after forgetting the original aims. They really do ‘burn the village in order to save it’.

    Prohibs are exactly like what Justice Brandeis described: those for whom government is an impediment on their road to ‘well meaning’ dictatorial power, to be wielded (supposedly, of course) for our benefit.

    “Experience should teach us to be most on our guard to protect liberty when the government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in the insidious encroachment by men of zeal, well meaning but without understanding.” (Emphasis min – k.)

    Given Kevvie’s jetting hither and yon, he’s definitely a dictionary illustration of a ‘man of zeal, without understanding’ of the damage he has helped cause.

    Prohibs do not understand – or choose not to understand – that the reason why our present form of government is such a mess is because it has slipped the bonds of those ‘checks-and-balances’ the Founders created to prevent precisely the problem that they have benefited so immensely from.

    The so-called ‘Progressive Era’ of the first 2 decades of the last century, during which national drug prohibition was first deployed, ran roughshod over our supposedly unalienable rights, leading to the vast and largely unaccountable government that we presently ‘enjoy’. The same one whose agents kill children in order to ‘save’ them from drugs.

  • Mr_Alex

    More documents prove Kevin Sabet is a liar, on google search when you type in DFAF (Drug Free America Foundation) Kevin Sabet, the 2007 and 2008 PDF file on google search turns up bu won’t display, by clicking on cached, these turn up, Kevin Sabet is listed in these documents:

    2007

    http://webcache.googleusercontent.com/search?q=cache:qmV2P12o9QAJ:dfaf.org/assets/docs/dfaf_annualreport_2007.pdf+&cd=3&hl=en&ct=clnk&gl=nz&client=aff-maxthon-maxthon4

    2008

    http://webcache.googleusercontent.com/search?q=cache:bf2R6Q5PBl0J:dfaf.org/assets/docs/dfaf_annualreport_2008.pdf+&cd=3&hl=en&ct=clnk&gl=nz

  • Chris

    I was looking up information on 2016 ballot initiatives and found the abbreviation “IndICA” for Indirect initiated constitutional amendment humorous.

    https://ballotpedia.org/Michigan_2016_ballot_measures