Posted by Randy Barnett:
Don't Bogart that marijuana case:
The Supreme Court reporter for the UPI finds it odd that the Court has
taken so long to decide our case, but still thinks we are going to
lose. I thought you would find the story of interest. Here is how it
begins:
Washington, DC, Apr. 22 (UPI) -- A Supreme Court decision on
medical marijuana is more than ripe for delivery. If the case hangs
around any longer without a ruling, like ripe Camembert it will
begin to smell. . . .
When the high court holds on to a case, without handing down a
decision, for five months after hearing argument, something is up.
. . .
Boston University Professor Randy Barnett, a fellow at the
Washington-based libertarian Cato Institute, spoke for the
challengers. He had to handle hostile questions from both the
conservatives and the liberals on the bench.
As reporters compared notes afterward, the post mortem was
unanimous. This case was going to be a slam dunk for the
government.
So why haven't we heard already?
A quick turnaround between argument and opinion in the modern
Supreme Court usually takes about a month. A turnaround of three or
four months is more about average. Five or six months is really
pushing it.
Which begs the question, what's holding up Docket No. 03-1454,
Gonzales vs. Raich et al?
Perhaps the justices are having trouble settling on a majority
opinion. Perhaps they disagree on the way they want to slap down
the state laws. Or perhaps they have to scrape together a plurality
in order to find a way to rule for the Justice Department. One
thing they certainly will not do is rule against the government.. .
.
You can read the rest [1]here. Feel free to pass along any
knowledgeable speculations.
PS: I know he used "begs the question" wrongly.
References
1. http://www.washtimes.com/upi-breaking/20050422-011931-8416r.htm
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