Alabama against medical pot law but backs California

[Judi Lynn]

Last Updated: 12/05/2004 08:59:56 AM

Alabama against medical pot law but backs California
State's rights is critical issue for ally in U.S. Supreme Court case
Associated Press



MONTGOMERY, Ala. — Alabama, which has some of the nation's toughest drug laws, has become an unlikely ally of California in its defense of marijuana use for medical reasons.

When the U.S. Supreme Court heard arguments Monday on California's medical marijuana law, the documents sitting before the justices included legal arguments filed by Alabama Attorney General Troy King, who sided with California and against the Bush administration.

To the Republican attorney general, it is an issue of states' rights rather than drug-control policy.

"I could not disagree more with the public policy that underlies the California law. I think it's flawed. I think it's bad public policy, but if somebody can go in and tell California you can't regulate drugs the way you want to regulate them in California, the next step is they could come to Alabama and tell us we can't do it," King said in an interview.
(snip/...)

http://www.insidebayarea.com/timesstar/news/ci_2481767

[colonel odis]

1. sounds like the AG is just scared that when alabama passes

a bunch of laws reinstating segregation, creating a theocracy, and eliminating penalties for having sex with your daughter, that ol' gubmint might come in and overrule them.

[Judi Lynn]

2. Ha! That suspicion went through my mind, also.

You articulated it well. However, it may be necessary to install a Ten Commandments monument in your yard.



AP Photo by Jamie Martin
Supporters of Alabama Chief Justice
Roy Moore pray outside the state
Judicial Building on Saturday.

[BamaLefty]

3. That Monument Was Just Below My Mom's Office

Sadly...

And yes, Troy King was appointed, not elected. He lost the GOP election for Secretary of State, and replaced Bill Pryor for AG. Good move by him though...

[Judi Lynn]

5. Yeah, it really doesn't hurt to make a personal, well-considered stand

on this matter. Republicans would be far less pathetic if the others in their ranks were that conscientious.

[TahitiNut]

4. I'm just wondering how the USSC can compose a decision.

The 'swing' (conservative) justices will be inclined to agree with California on the basis of reserved powers (10th Amend), except for the 'public order' theme supporting DEA/FDA Federalization which will drag at them. They'll be concerned about 'what next?' precedents and other drugs or Federalized regulation. The 'left' (moderate) justices will be inclined to place the physician/patient relationship above that of a Federal bureaucracy, and might be inclined to decriminalize marijuana in any event. The 'right' (neoconservative) justices will go with the jackbooted Federal Reich.

However, probably none of the justices view either California or the Ninth Circuit favorably. If only because of that, they'd want to deny the People of California any win in this.

It seems the majority might want to rule in favor of California, but they'd have a tough time forming a majority opinion. They don't like having a result that's composed of factional opinions.