The Supreme Court today announced that it won’t hear the Oklahoma/Nebraska anti-10th Amendment lawsuit against Colorado’s marijuana market.  From USA Today

The Supreme Court refused Monday to referee a simmering dispute between Colorado and two neighboring states over the cross-border impact of marijuana legalization, heartening legalization advocates who feared the high court could have rolled back their gains.

The justices denied an effort by Oklahoma and Nebraska to bring their grievances about pot-related crime directly to the nation’s highest court without seeking to go through lower courts first. Justices Clarence Thomas and Samuel Alito dissented, saying they would have heard the states’ complaint.

Importantly, here, the suing states were taking a dangerous federal supremacy position:

The neighboring states also argued that the Constitution’s supremacy clause leaves the issue to the federal government, which still considers marijuana to be an illegal substance. Since their lawsuit was filed, sheriffs from several states and an anti-crime group have sued Colorado in lower courts.

This issue isn’t dead, it’s just not getting fast-tracked to SCOTUS.  So keep watching as the opponents of the 10th Amendment – mostly from the right this time – will keep pushing to attack the ability of states to make their own decisions on issues that shouldn’t be nationalized.

See our previous reporting on the issue here and here.

Michael Boldin

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

LEARN MORE

01

Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles

02

Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog

03

State of the Nullification Movement

232 pages. History, constitutionality, and application today.

get the report

01

Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty

02

Maharrey Minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens. maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues - history, and application today

TENTHER ESSENTIALS

Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!

JOIN TAC

01

The 10th Amendment

History, meaning, and purpose - the "Foundation of the Constitution."

10th Amendment

03

Nullification

Get an overview of the principles, background, and application in history - and today.

nullification