Guest finallyfree09 Posted June 18, 2010 Report Share Posted June 18, 2010 i know everybody has probably already read this or at least know a little about it but nonetheless i wanted to bring some attention to this story. question: if the justice department wins this case, if they ever file it, could this open a door to nullifying mmj laws nationwide? obviously it would be a stretch but ya never know. any lawyers reading this? please weigh in. http://www.cnn.com/2010/US/06/18/us.arizona.immigration.law/index.html?hpt=T1 just some food for thought Link to comment Share on other sites More sharing options...
lawyercaregiver Posted June 21, 2010 Report Share Posted June 21, 2010 I think this is a legitimate fear that ultimate federal power could lead to disempowering State MM laws. This country was set up with these small governing units selected by the people known as "States." Unfortunately, the 10th Amendment notwithstanding, States have been subordinated to the federal government. The AZ immmigration law is problematic- the feds probably win on preemption grounds (this is the possible threat to MMM laws) but I am not sure about the Equal Protection and Privileges and Immunities Clauses. Clearly this has a disparate impact on Hispanics- legal and illegal... Link to comment Share on other sites More sharing options...
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