Federal Crack-House Law Withstands Progressive Challenge

I contended late last year (here and here) that it is past time for some hard decision-making about the federal government’s role in prosecuting narcotics crimes. Our penchant for ignoring or caricaturing big problems in the service of partisan warfare defies sober deliberation. But the big questions surrounding drug policy — e.g., whether federal criminal law is the best way to address drug abuse — are pressing. And the rationalizations by which we avoid dealing with them exacerbate other distortions in our justice system.

This week, the Supreme Court let stand a ruling by a divided federal appellate panel, which upheld a congressional statute that bars the use of physical premises to facilitate illegal drug trafficking and consumption. The law was enacted in 1986 with the zealous support of Joseph Biden, who was at the time the top Democrat on the Senate Judiciary Committee.

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

Featured Tags

I contended late last year (here and here) that it is past time for some hard decision-making about the federal government’s role in prosecuting narcotics crimes. Our penchant for ignoring or caricaturing big problems in the service of partisan warfare defies sober deliberation. But the big questions surrounding drug policy — e.g., whether federal criminal law is the best way to address drug abuse — are pressing. And the rationalizations by which we avoid dealing with them exacerbate other distortions in our justice system.

This week, the Supreme Court let stand a ruling by a divided federal appellate panel, which upheld a congressional statute that bars the use of physical premises to facilitate illegal drug trafficking and consumption. The law was enacted in 1986 with the zealous support of Joseph Biden, who was at the time the top Democrat on the Senate Judiciary Committee.

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.