Monthly Archives: October 2009

The Institute for Justice Challenges Unjust Law Banning Compensation for Bone Marrow

In January 2008 I wrote a post calling for the repeal of the National Organ Transplant Act of 1984. As I mentioned in the post, many thousands of lives are being sacrificed because of the moral hang-ups of certain individuals who think its icky to sell organs to people who need them. How dare they.

As if this wasn’t bad enough, bone marrow is included as part of the ban. The act of paying an individual for his or her bone marrow is a felony which is punishable for up to five years in prison for everyone involved in the illegal transaction.

The Institute for Justice has decided to challenge this most absurd provision of this absurd bill. Below is a video from the organization explaining their lawsuit against U.S. Attorney General’s Office:

For the sake of the Flynn family, here’s hoping that the Institute for Justice wins the day.

Hat Tip: The Agitator

A symbolic victory in a sea of defeats

The governator sent a letter to the California State Assembly where he, er, told them he would “strike” them. Carnally.

To the Members of the California State Assembly:

I am returning Assembly Bill 1176 without my signature.

For some time now I have lamented the fact that major issues are overlooked while many
unnecessary bills come to me for consideration. Water reform, prison reform, and health
care are major issues my Administration has brought to the table, but the Legislature just
kicks the can down the alley.

Yet another legislative year has come and gone without the major reforms Californians
overwhelmingly deserve. In light of this, and after careful consideration, I believe it is
unnecessary to sign this measure at this time.

Sincerely,

Arnold Schwarzenegger

Now that you’ve read the whole letter, read the first column of letters.

H/T The widely read libertarian culture site Urkobold.

I am an anarcho-capitalist living just west of Boston Massachussetts. I am married, have two children, and am trying to start my own computer consulting company.

Quote Of The Day

Hugo (via Cato):

Every day I’m more of a revolutionary, every day I’m more socialist… I’m going to take Venezuela toward socialism, with the people and the workers…The revolution is not negotiable, socialism is not negotiable, because every day I’m more convinced that socialism is the kingdom of God on earth. That is what Christ came to announce.

My personal belief (that Christ may have been an anarcho-socialist) notwithstanding, I fail to understand how creating a system of mass oppression, malnutrition, and the rationing of electricity and water has to do with Jesus. Maybe he’s taking Jesus admonishment about the likelihood of a rich man entering heaven a bit too literally, and wants to ensure there are no rich men in Venezuela.

So I’ll leave it up to you, readers… Can you make sense of Chavez? Give it your best shot.

Obama Creates Perfect Storm with Marijuana Policy Change

Last week’s announcement from the Obama Administration that the Justice Department would call off the dogs with regard to medical marijuana in states where legal has created a perfect storm regarding state and local regulations. Colorado Attorney General lamented that with this announcement, a “legal vacuum” has been created and was quoted in The New York Times: “The federal Department of Justice is saying it will only go after you if you’re in violation of state law,” Mr. Suthers said. “But in Colorado it’s not clear what state law is.”

Here’s a thought Mr. Suthers: rather than trying to interpret the law yourself, why not allow the state legislature and/or Colorado voters clarify the law. In the meantime, while the law in your opinion is vague, err on the side of freedom by no longer prosecuting medical marijuana users or dispensary operators.

Greeley (Colorado) City Council member Carrol Martin also expressed concerns with the Obama Administration’s change in federal policy: “The federal government says they’re not going to control it [medical marijuana], so the only other option we have is to control it ourselves” and “If we have no regulations at all, then we can’t control it, and our police officers have their hands tied.”

Councilman, I would argue that this is a very good thing. You are no longer responsible for enforcing federal laws but state and local laws regarding medical marijuana. Your police officers “have their hands tied”? I think it’s quite the opposite councilman. Your police department can now concentrate on violent crime rather than spend valuable resources on going after non-violent, medicinal, marijuana users and their suppliers. If anything, the Greeley police has their hands freed!

In a time when we have an administration which wants to control banking, housing, the auto industry, the healthcare industry, and everything in-between we have one instance of the same administration relinquishing control and giving it back to the states. This is the perfect opportunity for states to act as independent laboratories of government. Some will pass stricter controls on medical marijuana (or outright ban it) while others may go the other direction and outright decriminalize or leagalize marijuana altogether.

Kirk Johnson writing for The New York Times:

Some legal scholars said the federal government, by deciding not to enforce its own laws (possession and the sale of marijuana remain federal crimes), has introduced an unpredictable variable into the drug regulation system.

“The next step would be a particular state deciding to legalize marijuana entirely,” said Peter J. Cohen, a doctor and a lawyer who teaches public health law at Georgetown University. If federal prosecutors kept their distance even then, Dr. Cohen said, legalized marijuana would become a de facto reality.

Senator Morrisette in Oregon said he thought that exact situation — a state moving toward legalization, perhaps California — could play out much sooner now than might have been imagined even a few weeks ago. And the continuing recession would only help, he said, with advocates for legalization able to promise relief to an overburdened prison system and injection of tax revenues to the state budget.

This seems like a very reasonable step to take for California from a purely economic standpoint. As I reported in my post Reforming America’s Prison System: The Time Has Come, last year California spent almost $10 million on corrections, more than half of the U.S. prison population accounts for drug offenses, 75% of state drug offenders are non-violent offenders, and that nearly half of all drug arrests in the U.S. were for marijuana offenses.

By my math, that would mean that if California* released all non-violent marijuana users and stopped prosecuting new cases involving non-violent marijuana use, the state could cut its prison population by 19% and save California taxpayers about $2 million** per year just on corrections (to say nothing of other costs associated with policing marijuana use).

If California or any other state tried such a bold approach, the American public would most likely learn that legalization does not lead to the sort of mayhem drug warriors have warned us of over the decades***. We would most certainly not see the sort of mayhem that has occurred via the drug war.

Not only does this perfect storm which the Obama Administration created have possible implications for the War on (Some) Drugs, but the very concept of Federalism itself. What might state governments learn about self governing once they have been encouraged to do so? Might the states resist the next attempted power grab from Washington?

There are many exciting possibilities. Those of us who advocate for smaller government should make the most of this opportunity.

» Read more

Liberty Rock Friday: Tyrant by Judas Priest

By reader’s request, “Tyrant” by Judas Priest

Judas Priest
“Tyrant”
Sad Wings of Destiny (1975)

jpswod
Behold ’tis I the commander
Whose grip controls you all
Resist me not, surrender
I’ll no compassion call

(tyrant) capture of humanity
(tyrant) conqueror of all
(tyrant) hideous destructor
(tyrant) every man shall fall

Your very lives are held within my fingers
I snap them and you cower down in fear
You spineless things who belly down to slither
To the end of the world you follow to be near

(tyrant) capture of humanity
(tyrant) conqueror of all
(tyrant) hideous destructor
(tyrant) every man shall fall

Mourn for us oppressed in fear
Chained and shackled we are bound
Freedom choked in dread we live
Since tyrant was enthroned

I listen not to sympathy
Whilst ruler of this land
Withdraw your feeble aches and moans
Or suffer smite from this my hand

(tyrant) capture of humanity
(tyrant) conqueror of all
(tyrant) hideous destructor
(tyrant) every man shall fall

Mourn for us oppressed in fear
Chained and shackled we are bound
Freedom choked in dread we live
Since tyrant was enthroned

My legions faithful unto death
I’ll summon to my court
And as you perish each of you
Shall scream as you are sought

(tyrant) capture of humanity
(tyrant) conqueror of all
(tyrant) hideous destructor
(tyrant) every man shall fall

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