The Supreme Court reporter for the UPI finds it odd that the Court has taken so long to decide our case, but still thinks we are going to lose. I thought you would find the story of interest. Here is how it begins:
Washington, DC, Apr. 22 (UPI) — A Supreme Court decision on medical marijuana is more than ripe for delivery. If the case hangs around any longer without a ruling, like ripe Camembert it will begin to smell. . . .
When the high court holds on to a case, without handing down a decision, for five months after hearing argument, something is up. . . .
Boston University Professor Randy Barnett, a fellow at the Washington-based libertarian Cato Institute, spoke for the challengers. He had to handle hostile questions from both the conservatives and the liberals on the bench.
As reporters compared notes afterward, the post mortem was unanimous. This case was going to be a slam dunk for the government.
So why haven’t we heard already?
A quick turnaround between argument and opinion in the modern Supreme Court usually takes about a month. A turnaround of three or four months is more about average. Five or six months is really pushing it.
Which begs the question, what’s holding up Docket No. 03-1454, Gonzales vs. Raich et al?
Perhaps the justices are having trouble settling on a majority opinion. Perhaps they disagree on the way they want to slap down the state laws. Or perhaps they have to scrape together a plurality in order to find a way to rule for the Justice Department. One thing they certainly will not do is rule against the government.. . .
You can read the rest here. Feel free to pass along any knowledgeable speculations.
PS: I know he used “begs the question” wrongly.
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