Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Monday, May 14, 2018

Big Supreme Court win for states' rights could have important marijuana reform echoes

The US Supreme Court handed down this morning an important case about the relationship between federal prohibitions and state laws in Murphy v. NCAA, No. 16–476 (S. Ct. May 14, 2018). (available here).  The case is directly about sports betting laws in New Jersey, but the final substantive paragraphs of the Court's majority opinion (authored by Justice Alito) should make clear why marijuana reform advocates will be heartened by the ruling: 

The legalization of sports gambling is a controversial subject.  Supporters argue that legalization will produce revenue for the States and critically weaken illegal sports betting operations, which are often run by organized crime.  Opponents contend that legalizing sports gambling will hook the young on gambling, encourage people of modest means to squander their savings and earnings, and corrupt professional and college sports.

The legalization of sports gambling requires an important policy choice, but the choice is not ours to make. Congress can regulate sports gambling directly, but if it elects not to do so, each State is free to act on its own. Our job is to interpret the law Congress has enacted and decide whether it is consistent with the Constitution.  PASPA is not. PASPA “regulate[s] state governments’ regulation” of their citizens, New York, 505 U. S., at 166.  The Constitution gives Congress no such power.

https://lawprofessors.typepad.com/marijuana_law/2018/05/big-supreme-court-win-for-states-rights-could-have-important-marijuana-reform-echoes.html

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