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How Democrats Can Use Marijuana to Beat Trump's Supreme Court Pick

Many people are worried about President Donald Trump's new pick for the Supreme Court, Brett Kavanaugh, and the likelihood that he would take an already conservative-leaning court and take it full-blown right wing. But there's one issue Democrats could use to help end Kavanaugh's appointment: marijuana.

A new op-ed in the Daily Beast argues that Democrats could use marijuana legalization as an issue to defeat Kavanaugh's Supreme Court appointment. They argue that since marijuana is so widely popular among Americans, and almost certainly more popular than almost any other social issue, that it could help galvanize the masses against Kavanaugh. It could also help moderate Democrats and Republicans who don't want another far right judge added to the court to oppose the appointment if they can justify it using a popular issue like marijuana.

There's also some reason to believe Kavanaugh could be a threat to legalization. The only case the Supreme Court has dealt with marijuana in recent years was a few years ago when six justices refused to hear a lawsuit from Nebraska against Colorado for supposedly harming them by legalizing cannabis. However, two justices have left the Court since that decision and one of them was replaced by Neil Gorsuch, a conservative judge who possibly would've voted to hear the case. If Kavanaugh ends up on the court as well, that could be a fourth vote to hear the case. Marijuana advocates would then have to hope that traditionally conservative Supreme Court Justice John Roberts doesn't decide to join them as well.

However these fears may not actually be true. Kavanaugh's views, and even Gorsuch's views for that matter, on marijuana are almost unknown and they have virtually no legal history with cannabis to determine their views on it. It's possible that pressing Kavanaugh on marijuana would only reveal that he's actually a pro-marijuana conservative.

But until then, Democrats could use marijuana to help defeat a justice that many people worry could turn the Supreme Court into an ultra-right wing court.

(h/t Daily Beast)


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