cannabisnews.com: No Viable Defense 





No Viable Defense 
Posted by CN Staff on February 13, 2005 at 13:01:53 PT
Editorial
Source: Washington Post 
It does not often happen that the U.S. solicitor general refuses to defend an act of Congress. Nor should it. But every now and then Congress passes a law so flagrantly in disregard of constitutional norms that a defense is impossible. Rep. Ernest J. Istook Jr.'s attack last year on free speech in the Metro system is a good example. The acting solicitor general, Paul D. Clement, made the right call in informing Congress recently that he "does not have a viable argument" in defense of the law and would not appeal a lower-court decision striking it down.
Congress, like everybody else, is entitled to a legal defense, and solicitors general of both parties are therefore necessarily obliged to defend laws they might not personally support. One mark of a good solicitor general, in fact, is the willingness to go to bat for laws he might not uphold were he the judge hearing the case. We would have expected -- had Sen. John F. Kerry (D-Mass.) won the presidential election -- that his solicitor general would defend the ban on "partial birth" abortion, though we think it should be struck down. If even a remotely plausible argument can be advanced on behalf of the legislature's decision, the institutional obligation of the office is clear.But sometimes Congress just runs amok. This law came about because Mr. Istook (R-Okla.) was outraged by ads in Metro facilities promoting decriminalization of marijuana -- particularly an ad that declared, "Enjoy better sex! Legalize and Tax Marijuana." Mr. Istook stuck into an appropriations bill a provision that cuts off federal transportation funding to any transit system "involved directly or indirectly in any activity that promotes the legalization or medical use of any" illegal drug. As a result, while other advocacy groups can be heard in Metro's public spaces, the ads of those advocating liberalization of drug policy have been rejected. This is classic viewpoint discrimination, and the courts have been crystal clear that, except under the most unusual circumstances, it is flatly impermissible under the First Amendment. It was, consequently, no surprise that U.S. District Judge Paul L. Friedman batted the law down last June. It would have been the easy political course for a conservative administration to fight to the end on a culture-war issue such as drug legalization. Mr. Clement is correct not to waste the courts' time defending unconstitutional legislative temper tantrums.Source: Washington Post (DC)Published: Friday, February 11, 2005; Page A24 Copyright: 2005 Washington Post Contact: letterstoed washpost.comWebsite: http://www.washingtonpost.com Related Articles & Web Site:Change The Climatehttp://www.changetheclimate.org/Feds Refuse To Defend Free-Speech Assault http://cannabisnews.com/news/thread20171.shtmlMetro Must Accept Pro-Marijuana Adshttp://cannabisnews.com/news/thread20170.shtmlMarijuana Ads Loses Justice Department Supporthttp://cannabisnews.com/news/thread20165.shtml
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Comment #1 posted by global_warming on February 13, 2005 at 16:50:15 PT
Some Thoughts
Rev 22:16 I Jesus have sent mine angel to testify unto you these things in the churches. I am the root and the offspring of David, and the bright and morning star. Rev 19:17 And I saw an angel standing in the sun; and he cried with a loud voice, saying to all the fowls that fly in the midst of heaven, Come and gather yourselves together unto the supper of the great God; Rev 18:21 And a mighty angel took up a stone like a great millstone, and cast it into the sea, saying, Thus with violence shall that great city Babylon be thrown down, and shall be found no more at all. The "prohibition" and this war on drugs, shall, like all useless efforts of mankind, fall short, as the structures of our modern world, give way to new and greater world, with each crucifixion, each and every human being that is taken for the purpose of a better world, so such each death, be an anchor, a reminder, that "we the people" do not control this world, this world has a deeper and mysterious agent that controls it, and all the Babylons, all the greatest names, shall always, be but "little" children, in the eyes of the universe.Praying for Peacegw 
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