Linder v. United States

Linder v. United States

SCOTUSCase
Litigants=Linder v. United States
ArgueDate=March 9
ArgueYear=1925
DecideDate=April 13
DecideYear=1925
FullName=Charles O. Linder v. United States
USVol=268
USPage=5
Citation=
Prior=From District Court, Eastern District of Washington
Subsequent=
Holding=The Harrison Act cannot be used to prosecute doctors who proscribe narcotics to addicts.
SCOTUS=1925-1930
Majority=McReynolds
JoinMajority="unanimous"
LawsApplied=Harrison Narcotics Tax Act
Superseded=Controlled Substance Act

"Linder v. United States", ussc|268|5|1925, is a Supreme Court case involving the applicability of the Harrison Act. The Harrison Act was originally a taxing measure on drugs such as morphine and cocaine, but it later effectively became a prohibition on such drugs. However, the Act had a provision exempting doctors prescribing the drugs. Dr. Charles Linder prescribed the drugs to addicts, which the federal government said was not a legitimate medical practice. He was prosecuted and convicted. Linder appealed, and the Supreme Court unanimously overturned his conviction, holding that the federal government overstepped its power to regulate medicine. The opinion of the court was written by Justice James Clark McReynolds.

Current implication

With the passage of myriad later laws, including the Controlled Substance Act which gives no exemption whatsoever to Schedule I drugs, and the end of Lochner era, the holding of "Linder" has now been mostly overruled or superseded. However, the rationale of the case was later used to stop the Department of Justice from interfering with Oregon's assisted suicide laws in the case "Gonzales v. Oregon".

ee also

*List of United States Supreme Court cases, volume 268

External links

* [http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=268&invol=5 The case at Findlaw.com]


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