For folk that seem to dislike "judicial activism," the GOP sure likes it when it goes their way. That is, until they think about how it can come back to bite them.
Representative Mike Ritze (R-Broken Arrow) sent a letter to Oklahoma state attorney general Scott Pruitt (R) along with several other GOP representatives urging Pruitt to withdraw from Nebraska and Oklahoma v. Colorado. That case attempts to overturn Colorado's legalisation of marijuana for recreational use, citing harm to Nebraska and Oklahoma, as well as flouting Federal law and United Nations treaties. (It is interesting the GOP is arguing in favour of UN treaties as well.)
More below the tangled orange smoking invisible bong.
The Broken Arrow Ledger reports on the issue.
The two states argue that the legalisation of marijuana in Colorado causes them both harm; essentially Colorado [they claim] promotes drug smuggling. Both states border Colorado; Nebraska has been accused of targeting cars on I-76 with Colorado plates for searches.
Essentially, Mr. Ritze makes a X Amendment argument: that if Oklahoma and Nebraska can use the Supreme Court to strike down a Colorado state law, then Colorado can do the same to Oklahoma.
Mr. Ritze argues:
“This is not about marijuana at its core — it is about the U.S. Constitution, the Tenth Amendment, and the right of states to govern themselves as they see fit,” said Ritze, R-Broken Arrow. “If the Supreme Court can force Colorado to criminalize a substance or activity and commandeer state resources to enforce extra-constitutional federal statutes and UN agreements, then it can essentially do anything, and states become mere administrative units for Washington, D.C."
Darn states' rights: it seems that they can be used against you just as they can be used in your favour.
Now if my own state of Nebraska will quit wasting time on this and drop the case, perhaps we can move on to other more interesting things (like watching Kansas fiscally implode south of our border).
On a side note: perhaps Kansas can save its budget by legalising and taxing marijuana. I'm sure Governor Brownback could get behind that.