> Overturning Plessy v. Ferguson and the whole gambit of reactionary
Supreme
> Court decisions from that decision through 1936 is what the whole
New Deal
> legal struggle was over, to create federal legislative supremacy
over the
> judicial and states rights legal structure that blocked progressive
> legislation.
>
> Much as I disagree with the laws around the drug war, I agree with
Justin
> that it would be a completely constitutional position to have the
Supreme
> Court carve out a states rights position on the issue. The
rightwing is
> pushing forward to carve up such rules to strike down federal
> antidiscrimination legislation; for progressives to push in the same
> direction of states rights is absolutely nuts.
>
> As I've repeated, progressives should suck up the judicial deference
to
> Congress and organize to change the fucking law. I know one reason
a lot of
> lefties like the courts is that the deux ex machina of court
decisions means
> they don't have to get their hands dirty with lesser evil decisions
in the
> political realm in order to form the majorities necessary for
passage of
> legislation.
>
> What is amazing on this particular issue is that progressives are
winning
> legislatively on the issue - the very passage of the medical
marijauna
> decision at the state level in California shows that, as do other
wins
> around the country. So the fight just needs to be taken to the
national
> level.
>
> As I said, a lot of lefties don't want to do that, since that
involves the
> political compromises they want to avoid. But playing the judicial
game and
> depending on the courts have their own compromises-- and the
historical
> record shows a much worse record for it.
>
> -- Nathan Newman
========
Well it's largely because we risk being targeted by the cops for
criminal activity. If you're for decriminalization or legalization you
must be a user, according to some folks ideas of reasoning, so it is
very dangerous. So MSOFT millionares and other post-psychedelic
libertarians like Bill Joy give $$$ to places like MAPS and the
Heffter institute and George Soros gives $$ to Ethan Nadelman. But for
the rest of us it is plain old dangerous to speak up. Imagine if the
Feds had picked on Carl Sagan.
Ian