Via Toke of the Town…
Two medical marijuana providers have accused the U.S. government of civil rights violations in what may be the first lawsuit of its kind in response to a federal crackdown on pot operations across the nation. […]
The lawsuit was filed Tuesday in U.S. District Court in Missoula against the government, Department of Justice, Attorney General Eric Holder and U.S. Attorney for Montana Michael Cotter. […]
New Mexico attorney Paul Livingston, who is representing the plaintiffs, believes this is the first constitutional challenge of the government’s actions.
“I’m surprised nobody’s raised a 10th Amendment challenge,” Livingston said. “This is a process going on in all the states that have approved medical marijuana. They’re trying to set limits.”
District Court law clerks in Missoula were seen frantically searching for a copy of the text of the 10th Amendment.
While it sure seems like the 10th is deader than a doornail, I’d be absolutely thrilled if someone could find a spark of life left in it, so I’m happy to see the lawsuit.
Even if for no other reason that to remind people that the 10th Amendment exists.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.