Harassing Life and Liberty

The other day, I read an editorial by Fred Foldvary titled U.S. Judges Kill the Ninth Amendment. Mr. Foldvary claims that by it's ruling, the Ninth Circuit has made the Ninth Amendment null and void. I sent an email to Mr. Foldvary and requested a link to the case so that I could read it for myself. I'm glad I did. The conclusion he reached concerning the Ninth Amendment was a little dramatic, in my opinion.

Most of Mr. Foldvary's editorial hinges on the argument that Angel Raich has a common law right to use marijuana to help with her medical conditions. In reading the court papers, I discovered that the court said that she, in fact, does have standing to bring a case seeking injunctive relief... if she'd been charged. Unfortunately, she has not been charged with violating any federal laws under the Controlled Substance Act, therefore she has no standing to seek injunctive relief from the court. In other words, it's the wrong argument for this type of case. Strange as it sounds, she would have been better off if the DEA had arrested and charged her with possession of a controlled substance.

So, where does this decision leave Angel Raich? This is what I imagine will happen: She will continue to need marijuana to maintain her lifestyle. She will either grow it herself or get it from the two John Does referenced in the court papers. The feds will probably show up unannounced at random times and confiscate their marijuana plants in the name of king and country, but will never levy a single charge against them. They will claim that possession of the plants violates the Controlled Substance Act and because the courts have given the federal government jurisdiction under their expansive interpretation of the Commerce Clause, they now have the authority to seize these plants from anywhere inside state boundaries.

The court, by not taking a proactive stance against federal overreach, has set up Angel Raich--and anyone else in a similar position--to be continually harassed be overzealous DEA agents. Fred Foldvary was correct to think the government was up to no good. While I disagree with his conclusion that they've gutted the Ninth Amendment, I do agree that the U.S. government has lost its remaining moral authority. This is another clear example of federal authorities harassing and otherwise making private citizen's lives hell, but never going so far as to step over that imaginary line where the courts would be able to step in and make them stop. That's what I think Angel Raich was seeking relief from.