Relevance: primary · Type: event
Confidence95%
The Supreme Court is expected to rule soon in United States v. Hemani, a case addressing drug users’ gun rights.
Relevance: supporting · Type: event
Confidence100%
In Gonzales v. Raich, the Supreme Court held that Congress, under the Constitution’s commerce clause, had the authority to criminalize personal, medical use of marijuana even in states where it was legal.
Relevance: supporting · Type: background
Confidence90%
The ruling in Gonzales v. Raich was 6-3 and joined by justices who in other contexts had criticized the federal government’s use of the commerce clause to regulate local activity.
Antonin Scalia, Justice
Relevance: supporting · Type: quote
Confidence100%
Justice Antonin Scalia wrote a dissent in National Treasury Employees Union v. Von Raab, describing the U.S. Customs Service’s drug testing rules as “a kind of immolation of privacy and human dignity in symbolic opposition to drug use.”
Relevance: supporting · Type: event
Confidence100%
In Employment Division v. Smith, Justice Antonin Scalia wrote the court’s opinion allowing Oregon to deny unemployment benefits to two men fired after ingesting peyote during a Native American Church ceremony.
Relevance: supporting · Type: action
Confidence100%
Justice Antonin Scalia defended privacy rights in Fourth Amendment cases involving drug enforcement, including opposing warrantless use of infrared technology to detect indoor marijuana growth, GPS tracking of alleged dealers’ cars, and drug-sniffing dogs on a home’s doorstep.
Anthony Kennedy, Justice
Relevance: supporting · Type: quote
Confidence95%
During his confirmation process, Anthony Kennedy was asked if he had ever smoked marijuana and responded, “The answer was no, firmly no.”
Anthony Kennedy, Justice
Relevance: supporting · Type: quote
Confidence100%
In Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls, Anthony Kennedy stated during oral argument, “it’s hardly a revelation that the government is concerned about what drugs do to our culture. Not exactly rocket science.”
Relevance: supporting · Type: event
Confidence100%
In Safford Unified School District #1 v. Redding, the Supreme Court held that school officials violated the Fourth Amendment when they strip-searched a 13-year-old student suspected of possessing drugs.
Relevance: supporting · Type: action
Confidence100%
Justices Antonin Scalia and Anthony Kennedy were in the majority in Safford Unified School District #1 v. Redding.
Clarence Thomas, Justice
Relevance: supporting · Type: quote
Confidence100%
Justice Clarence Thomas dissented in Gonzales v. Raich, writing that the marijuana at issue had never been bought or sold, never crossed state lines, and had no demonstrable effect on the national market, and that if Congress could regulate it under the Commerce Clause, it could regulate virtually anything.
Relevance: supporting · Type: action
Confidence100%
Justice Clarence Thomas was in the majority in cases barring warrantless searches using infrared technology and drug-detecting dogs at homes, but dissented when the court restricted use of such dogs during traffic stops.
Clarence Thomas, Justice
Relevance: supporting · Type: quote
Confidence100%
In Safford Unified School District #1 v. Redding, Justice Clarence Thomas concurred in part and dissented in part, stating he did not believe the search violated the Fourth Amendment and that school officials should have broad authority to maintain discipline and ensure student safety.
Relevance: supporting · Type: action
Confidence100%
Chief Justice John Roberts and Justice Samuel Alito would have allowed warrantless searches with drug-detecting dogs on doorsteps.
Relevance: supporting · Type: action
Confidence100%
Chief Justice John Roberts and Justice Samuel Alito disagreed with Justice Clarence Thomas in Safford Unified School District #1 v. Redding.
Ilya Shapiro, legal scholar
Relevance: supporting · Type: quote
Confidence90%
Ilya Shapiro said, “The only way to explain these votes is that Kennedy doesn’t see any nobility in drugs, so their users merit little constitutional protection even if they don’t hurt anybody and are confined to the privacy of the home.”
Jacob Sullum, journalist
Relevance: supporting · Type: quote
Confidence90%
Jacob Sullum argued that Justice Antonin Scalia seemed to be “driven by anti-drug fervor” in some cases but was not a blind supporter of federal efforts to end illegal drug use.
Lyle Denniston, legal analyst
Relevance: supporting · Type: quote
Confidence90%
Lyle Denniston observed that Justice Anthony Kennedy’s vote against the marijuana growers in Gonzales v. Raich “may be baffling” to those aware of his usual support for state power against congressional overreach.
Relevance: supporting · Type: background
Confidence90%
Lyle Denniston suggested Justice Kennedy’s vote in Gonzales v. Raich was consistent with his low tolerance for drug users or those who resist drug control measures, as hinted in prior cases.
Relevance: supporting · Type: event
Confidence100%
Douglas Ginsburg withdrew from Supreme Court consideration after admitting to using marijuana during the 1960s and 1970s.
Relevance: supporting · Type: background
Confidence100%
Justice Clarence Thomas joined the court in 1991; no other current justice joined before 2005.
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