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U.S. Supreme Court Set to Hear Pivotal Marijuana Legalization Case Today

The Supreme Court of the United States — minus the late Justice Scalia — is set to take up the hot-button issue of marijuana legalization today in a highly watched case.

The SCOTUS is hearing a challenge to Colorado legalization from two neighboring states Nebraska and Oklahoma as plaintiffs. The states are arguing that because of legalization, marijuana is unlawfully crossing over their borders. The federal Controlled Substances Act should override state legalization, they argue, under the Supremacy Clause of the Constitution.

But SCOTUS is unlikely to take up Nebraska and Oklahoma v. Colorado, watchers say, partially because the plaintiffs’ case is so weak, and partially because one likely supporter of the case, Justice Scalia, is dead.

“It’s hard to predict where a given justice is going to come down on anything,” according to Tom Angell, in an interview with the International Business Times. Angell founded the cannabis advocacy group Marijuana Majority, and analyzed Scalia’s record on cannabis. “But my best guess is Nebraska and Oklahoma probably just lost one of their votes for granting the review.” [Read more at SFGate.com]

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