A lot of liberals are chanting the mantra “US Laws supersede State Laws”. Really?
Tell that to the states that have Medical Marijuana Laws – one being considered right here in River City. And decriminalization as well. The state laws in California have allowed medical pot for quite some time, though not all agreed with that statute.
San Diego County refused to comply with state laws to set up Medical Marijuana Clinics, and follow the various rules and regulations in place to dispense the substance. In fact, the County filed a lawsuit in 2006 claiming Federal Laws supersede State laws.
The lawsuit challenged the state-mandate to implement based on the argument that state law is preempted by federal law.
San Diego Superior Court and the Fourth District Court of Appeals rejected that argument. The California Supreme Court refused to review the case in 2008.
The San Diego Board of Supervisors voted to appeal to the U.S. Supreme Court. If the state courts refused to recognize Federal Domination over the states, surely the U.S. Supreme Court would, right?
Wrong. In May 2009, the U.S. Supreme Court refused to hear the landmark case brought by San Diego County, effectively negating any claim that Federal Law supersedes state law.
What that means is that should the Federal Government pass a law requiring Virginian’s to purchase a product, be it Health Insurance or any other product, Virginia will seek an immediate injunction (should the law pass) and based on the San Diego County case, it will be granted.
I would also be willing to bet that at least 5 Supreme Court Justices could be found to hear such a case on an emergency basis and based on the State of the Union dressing down of these five justices, not to mention the fact that Obama was totally incorrect, expanding the powers of the Federal Government under the Obama Administration is not on the Supreme Court’s docket.