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Lawfare Daily: David Pozen on ‘The Constitution of the War on Drugs’

The Lawfare Podcast

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Evolution of Drug Rights Doctrines

Exploring the impact of the Griswold v. Connecticut case on drug rights jurisprudence, the chapter discusses the historical context of privacy rights leading to arguments for softer drug use. It delves into state Supreme Court rulings on drug rights based on privacy, contrasts federal and state interpretations of liberty claims, and examines the shift towards regulating drugs using the Commerce Clause. The discourse reflects on challenges in regulating drug policy, moments of hope, and disappointments in court rulings within the complex landscape of Commerce Clause restrictions and drug policy.

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