I was being facetious in my original post, of course.
I would never throw reproductive rights under the bus for weed legalization.
but yeah, thats feasible. He could rule on interstate commerce grounds; theres a lot of very good weed being grown in Washington and Oregon that California dispensaries have no access to. Or on banking grounds; since the pot industry cannot use the national banking system you cant pay for cannabis with your debit card.
And the applicability of Commerce Clause to marijuana laws has already been tested at the Supreme Court. They would have to directly overrule precedent. That doesn't mean they can't, but can you really imagine a different result under this court?
...I go to a local dispensary where I can pay with a debit card.
Most of the time I still pay with cash, but have used the debit option a few times.
IF they rule the TEXAS way, it's 100% proof that Democracy is DEAD,
Congress did. Page 14 here. So the same arguments don't work.
Congress is permitted to make laws. The FDA gets to promulgate regulations to implement laws Congress makes - but doen't get to independently make regulations (or to make regulations that go beyond the limited authority granted by Congress).
The FDA didn't follow the rules, the claim was. Not much different from the APA-based court cases that Trump lost so often.
Get another judge to overrule and hope it sticks.
Redo the process to dot the is and cross the ts.
...and purchase up to one ounce a day.
And I can pay with a debit card if I choose to.
Just like a Texas judge ruled the abortion pill illegal nationwide...
I think either action is/would be wrong, of course. A state court should not be able to overrule a statute that is nationwide. But here we are...
(To be honest, I felt the same way when state judges overruled nationwide Trump policies... I was grateful for their intervention, but still felt it was wrong.
They are assigned to a district located in a specific state.