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Hullabaloo


Monday, June 06, 2005

 
A Land Called Honalee

Those liberal activist judges are at it again. They really are. A majority, which includes the moderates on the court, just ruled that the federal laws against medical marijuana are constitutional (as opposed to federal laws against guns near schools or violence against women.) If this were a case about, say, a federal law that overrode state laws against gay marriage, I suspect you'd be seeing a slightly different reaction from the wingnuts and probably on the court. The moderates (there are no liberals) upheld federal power over states' rights which is consistent with their position.

Rehnquist, Thomas and O'Connor dissented on the basis of states' rights, which is also consistent with their position. Kennedy swung with the majority --- he has no discernible position. The "surprise" is that Little Nino, who is proving himself to be more and more of a straight-up whore every day, voted with Ginsberg and Stevens and the rest. Not because he agrees with the legal doctrine involved --- nothing in his judicial history would suggest that --- but because he just doesn't want people smoking pot. Or perhaps he just thinks that federal power is ducky when it's in the hands of his friends. Either way, he's intellectually bankrupt.

The court is operating on the same basis that the political system operates. The liberals and moderates in the minority play by the rules thinking that consistency and intellectual integrity are important and that people will hold it against them if they deviate from their stated position.( And, of course, they are right. Even when they haven't actually deviated from their position they are accused of it and called "flip-floppers.") The shrinking number of real conservatives pay lip service to their belief system as long as it won't affect the outcome: they are subject to the same intimidation as the moderates and liberals if they don't. The right wing radicals just power their way through using any means necessary, willingly taking the help of liberals and moderates who perform the function of useful idiots with their fealty to process and institutional integrity in a time of pure power politics. I'm sure they are greatly soothed by the fact that all good children go to heaven.

The good news is that, as Stevens says in the opinion, it preserves the right of federal legislators to change the laws, so that's nice. When we finally get over our reefer madness in this country, which I expect to be in a couple of hundred years or so, maybe the Armageddon Party can join with the Theocrats and make it legal. But of course, it won't be necessary because Pfizer will have found a way to perfectly re-create the effect of marijuana in a pill form and will have made millions selling it by prescription to those who can afford it --- which is, after all, the whole point.



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