From the WSJ via the Atlantic:
“It was a great mistake to put routine drug offenses into the federal courts,” he told the Senate Judiciary Committee Wednesday. The Wall Street Journal went on to report Scalia’s belief that the laws forced Congress to enlarge the federal court system, and diminished “the elite quality of the federal judiciary.”
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The federal War on Drugs is diminishing the quality of our federal justice system. As far as I can tell, no one contests that conclusion. It would be one thing to bear that cost in exchange for a policy victory. After decades of failure, however, no one even expects the drug war to be won.Returning drug policy to the states would be a first step in the right direction.
One of the supremes actually agrees with a tenant of the Constitution, but its because the law is "diminishing the quality of the federal judicial system", not because of the fact the feds never should have stepped on our rights to begin with. Hopefully he continues to consider such consequences when debating the constitutionality of upcoming laws.