Pubdate: Thu, 17 Dec 2015
Source: Denver Post (CO)
Copyright: 2015 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: Ricardo Baca

FEDS TO JUSTICES: DON'T HEAR SUIT

The U. S. government has taken Colorado's side in a dispute with 
neighboring states over marijuana legalization and is urging the 
Supreme Court not to hear a major challenge to the state's 
recreational cannabis laws.

The new brief filed by U. S. Solicitor General Donald Verrilli Jr. 
could have a significant impact on the Supreme Court's willingness to 
hear the case against Colorado, drug law experts say.

The solicitor general's brief comes seven months after the Supreme 
Court first asked the top government lawyer for an opinion on the 
lawsuit filed against Colorado's legal cannabis laws by neighboring 
states Nebraska and Oklahoma. The brief addresses Nebraska and 
Oklahoma's complaint - and questions its place within the Supreme 
Court's original jurisdiction.

"The motion for leave to file a bill of complaint should be denied 
because this is not an appropriate case for the exercise of this 
Court's original jurisdiction," the brief says. "Entertaining the 
type of dispute at issue here - essentially that one State's laws 
make it more likely that third parties will violate federal and state 
law in another State - would represent a substantial and unwarranted 
expansion of this Court's original jurisdiction."

The brief ultimately says Nebraska and Oklahoma's proposed lawsuit 
isn't the type of claim the Supreme Court normally hears, according 
to Robert Mikos, a professor at Vanderbilt Law and an expert on 
federalism and drug law.

"They hit on a very important issue without having to directly weigh 
in on the merits of the suit," Mikos said. "The thrust of the 
argument fromthe SG is that the Supreme Court shouldn't be the first 
one to hear this dispute."

Marijuana law expert Sam Kamin said the solicitor general's brief is 
"great news for Colorado."

"Oklahoma and Nebraska allege that our state regulations are 
pre-empted by federal law," said Kamin, a law professor at the 
University of Denver, "and here we have a statement from the federal 
government's highest legal official saying that's not the case."

In December 2014, Nebraska and Oklahoma filed the lawsuit directly 
with the nation's highest court, asking to strike down Colorado's 
history-making marijuana laws.

The states argued that "the State of Colorado has created a dangerous 
gap in the federal drug control system. ... Marijuana flows from this 
gap into neighboring states, undermining Plaintiff States' own 
marijuana bans, draining their treasuries, and placing stress on 
their criminal justice systems," the lawsuit alleged.

In March, Colorado Attorney General Cynthia Coffman said Nebraska and 
Oklahoma "filed this case in an attempt to reach across their borders 
and selectively invalidate state laws with which they disagree." A 
representative with Coffman's office said Wednesday they had no 
comment on the U. S. solicitor general's new brief.

The Supreme Court still could decide to hear the case. But if it 
declines the lawsuit, Nebraska and Oklahoma could then take the case 
to a federal district court if they choose to, Mikos said.

Legalization advocates celebrated the solicitor general's response on 
Wednesday afternoon in a rush of statements sent to media outlets. 
DrugPolicy Alliance staff attorney Jolene Forman wrote, "We are 
pleased the DOJ agrees that this lawsuit borders on the frivolous."
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MAP posted-by: Jay Bergstrom