No. 18-5858

Lance Edward Gloor v. United States

Lower Court: Ninth Circuit
Docketed: 2018-08-31
Status: Denied
Type: IFP
Amici (1)Response WaivedIFP
Tags: 10th-amendment due-process evidentiary-hearing federal-prosecution medical-marijuana rohrabacher-farr-amendment separation-of-powers states-rights tenth-amendment
Key Terms:
DueProcess Takings
Latest Conference: 2018-10-05
Question Presented (from Petition)

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?

Question Presented (AI Summary)

Were the Tenth Amendment, Due Process Clause, and the separation of powers doctrine violated?

Docket Entries

2018-10-09
Petition DENIED.
2018-09-28
Brief amicus curiae of U.S. Rep. Dana Rohrabacher filed. (Distributed)
2018-09-18
Blanket Consent filed by Petitioner, Lance Gloor.
2018-09-13
DISTRIBUTED for Conference of 10/5/2018.
2018-09-07
Waiver of right of respondent United States to respond filed.
2018-06-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 1, 2018)

Attorneys

Lance Gloor
Jonathan Stuart SolovyLaw Office of Jonathan S. Solovy, Petitioner
U.S. Rep. Dana Rohrabacher
Mark OslerUniv. of St. Thomas Law School, Amicus
United States
Noel J. FranciscoSolicitor General, Respondent