Nebraska and Oklahoma filed their reply today to the Government’s CVSG in the original jurisdiction marijuana case. From the summary:
So it is curious that the Solicitor General here maintains that Colorado’s marijuana might not harm the citizens of the States to which it is being exported and that, even if such harm is occurring, the Su- premacy Clause might not be available as a means to invalidate Amendment 64’s conflicts with the CSA. Because the current Administration does not want to take the politically inconvenient position of opposing marijuana legalization, nor is it willing to take the legally untenable position that Amendment 64 can be reconciled with the CSA, the Solicitor General in- stead recommends that this Court should refrain from hearing this case. Thus, the Solicitor General is forced to argue that a State that has been harmed as a result of a neighboring State’s unconstitutional actions has no recourse or remedy for those harms. This anarchic position cannot be harmonized with the original jurisdiction clause.