December 19, 2014, 10:51 PM | #1 |
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State vs State
http://www.denverpost.com/news/ci_27...a-legalization
Summary: Nebraska and Oklahoma (who thought those two states would ever agree to anything ...?) are mutually suing Colorado b/c of Colorado's move to de-criminalize marijuana. I see this as a bad precedent in the sense that, should this succeed, crazy states like NY or CA might start suing the rest of us to ban 30 round mags, etc. Am I being paranoid or prescient?
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December 19, 2014, 11:43 PM | #2 |
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30-round magazines aren't against federal law. Marijuana is. I think they have a potentially stronger case suing over decriminalizing something that's a federal crime than any state or states would have trying to sue a neighbor over something that's not addressed by the feds, leaving a court no basis on which to hang its judicial hat if it (the court) were to try to tell a state that it can't control its own internal affairs.
Last edited by Aguila Blanca; December 20, 2014 at 11:57 AM. Reason: Typo |
December 20, 2014, 12:22 AM | #3 |
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Volokh's blog has similar concerns, so you're being prescient, or at least in agreement with a noted legal scholar:
http://www.washingtonpost.com/news/v...n-in-colorado/ although not related to magazines, but far broader issues, such as the current and worsening condition of Federal dominance over the states |
December 20, 2014, 11:58 AM | #4 | |
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December 20, 2014, 12:35 PM | #5 | |
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December 20, 2014, 10:24 PM | #6 |
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When it's two states suing each other, doesn't that mean the Supreme Court has to resolve it?
If so, I wonder if this might pave the way to federal action on the issue. As it stands, there's a huge potential conflict between state-level "legalization" and 18 U.S.C. § 922 (g)(3).
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December 21, 2014, 01:02 AM | #7 | ||
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December 21, 2014, 02:30 AM | #8 | |
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That, or we could see an influential dissent on the federal ban that spurs legislative action.
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December 22, 2014, 02:35 PM | #9 | |
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From Volokh's blog:
Quote:
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December 24, 2014, 01:15 AM | #10 |
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There are many activities which are federal crimes but which are not state crimes.
Trading in securities using insider information is against federal law. The SEC and FBI aggressively investigate insider trading. The Justice department has made it a priority (recent embarrassing losses in court notwithstanding). It is a serious crime with long prison sentences. In my state of Missouri, insider trading is not a state crime. As far as the state goes, insider trading is "legal". The local police do not attempt to enforce insider trading laws. I don't see any real difference between Colorado's stance on pot, and Missouri's stand on insider trading. In both cases, the lack of state criminal statutes, and the lack of state level enforcement, is irrelevant at the federal level. The only difference is that up to now, the feds have had a lot of state level help in investigating and prosecuting marijuana cases... whereas the feds are pretty use to going it solo when it comes to insider trading cases. Nebraska and Oklahoma suit against Colorado is so silly... After prohibition ended, most states legalized alcohol, but some didn't. Those that didn't would have been wrong to sue the other states.... but that is basically what Nebraska and Oklahoma are doing. Last edited by btmj; December 24, 2014 at 02:43 PM. |
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