By Derrick Stanley
The US Supreme Court were scheduled to meet today to discuss the case brought against Colorado by Nebraska and Oklahoma over marijuana legalization.
The justices' first determination is whether or not to even consider the case. The lawsuit requests that the Supreme Court overturn Colorado's legal marijuana program.
Their decision is expected early next week. Sam Kamin, a University of Denver professor who specializes in marijuana law, said the justices may not have even gotten around to discussing the case Friday. The case has previously been pushed back twice at conferences.
"We just don't know what's going on behind the scenes," Kamin said.
In the lawsuit, two of Colorado's neighboring states ask the Supreme Court to overturn the state's legal marijuana industry, saying that state-authorized legalization conflicts with federal law, and that marijuana coming across Colorado borders has created a burden.
Colorado officials defended the legality of their marijuana industry, while the Obama administration urged the Supreme Court to not take the case.
Kamin implied that the death of Justice Antonin Scalia could impact the case. Scalia seemed to support the argument in a speech he made in Boulder a couple months before the suit was filed.
"[T]he Constitution contains something called the Supremacy Clause," he said about marijuana, referencing the provision that says federal law tops state law when the two are in direct conflict.