Super Lawyers
William C. Altreuter
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Tuesday, December 30, 2014

Oklahoma and Nebraska have brought a lawsuit against Colorado which seeks to overturn The Rocky Mountain State's legalization of marijuana. This is pretty great for several reasons. The first is that it is an example of the rarely seen original jurisdiction of the Supreme Court in disputes arising amongst the several states. I love that.

The other part is that it illustrates an important political principle:
This strange little lawsuit against Colorado is so astonishingly hypocritical, so brazenly antipodal to Bruning and Pruitt’s professed philosophy, that even admirers of both men are aghast. Case Western Law’s Jonathan H. Adler, the mastermind behind the latest Obamacare suit, noted with disgust that “it is as if their arguments about federalism and state autonomy were not arguments of principle but rather an opportunistic effort to challenge federal policies they don’t like on other grounds.”
That's right, Professor Adler-- nobody really cares about "states rights" unless arguing for states rights allows you to screw over someone else's  individual rights. This would not have been news to Dredd Scott, but there is probably quite a bit that the late Mr. Scott could tell us about law and hypocrisy.

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