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City Pages Cover Story by Elaine Cassel
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Supreme Court, Fall 2003: The People - 1; Ashcroft - 0.
Filed under: Imported
In what will was the first of many actions the Supreme Court will take this term to review actions of Attorney General John Ashcroft, on Tuesday, October 14, it let stand a 9th Circuit Court of Appeals ruling that stopped Ashcroft from prosecuting doctors within its jurisdiction.
Ashcroft wanted the feds to prosecute doctors in states that allow marijuana to be used for medicinal purposes for talking (yes, talking!) to their patients about the benefits of medical marijuana. Nine states have such laws--Alaska, Arizona, California, Colorado, Hawaii, Maine, Nevada, Oregon and Washington. And 35 states have passed legislation recognizing marijuana's medicinal value.
Ashcroft, who apparently believes in states' rights as little as does his boss, George Bush (forget that he campaigned on that platform--what Bush meant to say was he was only for states' rights when the states were "right" about their rights), makes it a habit of meddling in the practice of medicine. (Recall, that he tried to stop Oregon's assisted suicide law by threatening to prosecute doctors under federal drug laws. The same 9th Circuit stopped him in his tracks.)
So, damn the First Amendment and the state's right to regulate the practice of medicine; let's go after doctor's for talking about the benefits of marijuana. By refusing to hear the government's appeal of the 9th Circuit's decision, the Supreme Court sent a message that it is not going to rubber-stamp Ashcroft's insane policies.
Maybe this is the harbinger of good things to come from the Court. This term it may be called on to hear the appeals related to the enemy combatant-no attorney-no charge-no trial-lock 'em up forever Pentagon policies suffered by Yasir Hamdi and Jose Padilla. The petition from attorneys representing the prisoners in Guantanamo Bay, Cuba is pending.
Posted by Elaine Cassel at October 15, 2003 6:17 AM
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