by Conor Friedersdorf
The Atlantic

Supreme Court Justice Antonin Scalia isn’t a supporter of legalizing drugs. But he does believe that passing federal laws against them has done harm to the U.S. government. “It was a great mistake to put routine drug offenses into the federal courts,” he told the Senate Judiciary Committee Wednesday. The Wall Street Journal went on to report Scalia’s belief that the laws forced Congress to enlarge the federal court system, and diminished “the elite quality of the federal judiciary.”

This isn’t a new problem. Chief Justice William Rehnquist complained as far back as 1989 that the war on drugs was overwhelming the federal judiciary. In 1995, Kathleen F. Brickley, an academic, found that “the Federal system is strained to capacity due, in large part, to the government’s war on drugs.”

The federal War on Drugs is diminishing the quality of our federal justice system. As far as I can tell, no one contests that conclusion. It would be one thing to bear that cost in exchange for a policy victory. After decades of failure, however, no one even expects the drug war to be won.

Returning drug policy to the states would be a first step in the right direction.

Read the Full Article Here: http://www.theatlantic.com/national/archive/2011/10/supreme-court-justice-federal-drug-laws-were-a-mistake/246321/