Are Marijuana Contracts Legal in Federal Court?

Sarah Isgur and David French discuss the upcoming “long conference” that marks the unofficial start to the new Supreme Court term, a prosecutor being referred to the Department of Justice for obstruction of justice, and a review of several circuit-court cases, including breaches of contract between marijuana-related businesses. Crime versus commerce reaches the courts. The Agenda: –“There are only two genders” and race-neutral criteria Advisory Opinions is a production of ⁠The Dispatch⁠, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—⁠click here⁠. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member ⁠by clicking here⁠. Sarah Isgur is a senior editor at The Dispatch and is based in northern Virginia. Prior to joining the company in 2019, she had worked in every branch of the federal government and on three presidential campaigns. She’s also a ABC News contributor and the author of Last Branch Standing, a deep dive into the inner workings of the Supreme Court. When Sarah is not hosting podcasts or writing newsletters, she’s probably sending uplifting stories about spiders to Jonah, who only pretends to love all animals. David French is a columnist for the New York Times. He’s a former senior editor of The Dispatch. He’s the author most recently of Divided We Fall: America's Secession Threat and How to Restore Our Nation. The podcast transcription below was generated using artificial intelligence and may include occasional errors or misspellings. Music 0:00 [cufflinks clicking] Ready? Music 0:02 I was born ready. [upbeat music] Sarah Isgur 0:19 Welcome to Advisory Opinions. I'm Sarah Isgur with my guest, David French. Uh, David, we have a potpourri today. We're gonna start with a discussion of the upcoming long conference. We are but a week away, uh, from where the justices will sit down in that room with John Marshall Harlan looking down upon them as they decide what more cases to add this term. And Sarah Isgur 0:44 a prosecutor being prosecuted, and not for what we normally prosecute prosecutors for, hiding evidence, being overzealous in trying to convict. What about being underzealous in protecting a conviction? And then we'll get some circuit cases, David. Sarah Isgur 1:01 Marijuana contracts. It's legal in your state. You have a business. You have to contract to have a functioning business, right? And what if they breach the contract? Surely you can go into federal court to enforce a contract against a breacher of the contract, right? We've got warrantless searches at the border. Can they just take your cell phone and look through it? As well as applying Loper Bright and videotaping everything you do in a store when you go in to buy a gun in California. Oh, we've got thoughts, David. We've got thoughts. Interactive transcripts are available to Premium members. Join to follow along with the audio. Join Now More We Think You’d Like