Lance Edward Gloor v. United States
DueProcess Takings
Were the Tenth Amendment, Due Process Clause, and the separation of powers doctrine violated where Congress expressed its clear intent to respect states' rights by enacting the Rohrabacher-Farr amendment, an appropriations rider prohibiting the Department of Justice from spending funds to prevent the states and territories' implementation of their own medical marijuana laws, where the Ninth Circuit in United States v. McIntosh, 833 F.3d 1163 (9th Cir. 2016), eviscerated the federal law and subverted states' rights by holding that in order to enjoin federal prosecution pursuant to the appropriations rider defendants must show that they "strictly complied" with the state medical marijuana laws, and where in the petitioner's case the Ninth Circuit denied the petitioner an opportunity to present evidence in an evidentiary hearing to show compliance with Washington State's medical marijuana laws?
Were the Tenth Amendment, Due Process Clause, and the separation of powers doctrine violated?