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New Supreme Court nominee might as well be a cannabis prohibitionist
Author: Alice  05/09/2018 - 15:33:00

September 05, 2018

Brett Kavanaugh has been nominated as an associate justice of the Supreme Court of the United States. These days US Senate is conducting confirmation hearings for the nominee regarding his judicial philosophy and views on controversial issues including cannabis legalization.

Democratic senators who are part of the hearing committee want to delay the proceedings. They think that Republicans are rushing to conclude the hearing without due diligence. The Democratic lawmakers seek time to review Kavanaugh’s tenure as federal judge and a White House staffer during Bush administration. It is important to note that Democrats initially opposed the nomination of Kavanaugh as an associate justice. Democratic lawmakers find Kavanaugh’s views on abortion and the executive power of president problematic.

Brett Kavanaugh and cannabis 

Brett Kavanaugh and cannabis - Image powered by Civilized.life

The record suggests that Kavanaugh didn’t hear any case directly related to marijuana as a federal judge. However, some past rulings from Kavanaugh touching upon drug policy indicate that his views lean towards center-right. It is also being said that Democratic committee members might ask Kavanaugh about his views on cannabis and legalization. There are two noteworthy cases that might help in deducing the attitude of Kavanaugh regarding cannabis and its legalization.

Supported workplace drug testing

During his tenure in the appellate court, Kavanaugh heard a case in which rights of workers were pitted against employer’s policy of drug testing. In the final ruling, he wrote a note to uphold the requirement of drug-testing of the employees at the site. He further ruled that workplace drug testing doesn’t contravene the provisions of the 14th Amendment of the United States Constitution.

Sided with FDA

In 2007, during a hearing of the case in the Court of Appeals, he upheld the lower court ruling of not allowing the terminal patients to use experimental drugs not approved by the FDA. According to the petitioner who challenged the verdict in the Court of Appeals, the terminally ill patients had the constitutional right to use experimental drugs. However, Kavanaugh rejected this defense.

Upon the nomination as an associate justice of the Supreme Court, Kavanaugh gave a statement to media full of rhetoric. In his own words, his judicial philosophy is pretty straightforward that judges must only interpret the laws instead of amending and writing them.

Why is it important to know Kavanaugh’s views on cannabis?

It is important to know Kavanaugh’s views on cannabis - Image powered by Thedailybeast.com

Views of every individual working in a key position in any Federal institute add up to federal policies. And we are already aware of the animosity with which cannabis and its legalization are treated at the federal level.

Federal administration is already swarming with right-wingers. The president hasn’t given his cannabis policy even after more than 18 months in the office. The Attorney Journal picked by the president is famous for its staunch prohibitionist view regarding cannabis.

He rescinded the Cole memo after assuming the office. The memo was ratified during Obama’s time and provided a protection to statewide cannabis operations from federal intervention. He also threatened to launch a federal crackdown against local cannabis businesses.

The post New Supreme Court nominee might as well be a cannabis prohibitionist appeared first on I Love Growing Marijuana.

Original article from ilovegrowingmarijuana.com: New Supreme Court nominee might as well be a cannabis prohibitionist

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