UDV case headed to the Supreme Court?

SG files an appeal; Justice Breyer stays preliminary injunction.

Ten days ago the 10th Circuit affirmed a preliminary injunction that would have allowed the UdV to resume its ritual use of ayahuasca. Now the government has decided to appeal to the Supreme Court, and Justice Breyer has stayed the injunction. That doesn’t mean that the Court will take the appeal. But it does mean that the Civil Division and the DEA have persuaded the Solicitor General’s office that the case is worth pursuing.

Update Marty Lederman at SCOTUSblog has more, including a link to the SG brief.

Author: Mark Kleiman

Professor of Public Policy at the NYU Marron Institute for Urban Management and editor of the Journal of Drug Policy Analysis. Teaches about the methods of policy analysis about drug abuse control and crime control policy, working out the implications of two principles: that swift and certain sanctions don't have to be severe to be effective, and that well-designed threats usually don't have to be carried out. Books: Drugs and Drug Policy: What Everyone Needs to Know (with Jonathan Caulkins and Angela Hawken) When Brute Force Fails: How to Have Less Crime and Less Punishment (Princeton, 2009; named one of the "books of the year" by The Economist Against Excess: Drug Policy for Results (Basic, 1993) Marijuana: Costs of Abuse, Costs of Control (Greenwood, 1989) UCLA Homepage Curriculum Vitae Contact: Markarkleiman-at-gmail.com

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