Linder v. United States
Encyclopedia
Linder v. United States, , 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 doctor
s 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
and states, "Obviously, direct control of medical practice in the states is beyond the power of the federal government."
, the holding of Linder has now been mostly overruled or superseded.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
.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case involving the applicability of the Harrison Act. The Harrison Act was originally a taxing measure on drugs such as morphine
Morphine
Morphine is a potent opiate analgesic medication and is considered to be the prototypical opioid. It was first isolated in 1804 by Friedrich Sertürner, first distributed by same in 1817, and first commercially sold by Merck in 1827, which at the time was a single small chemists' shop. It was more...
and cocaine
Cocaine
Cocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
, but it later effectively became a prohibition on such drugs. However, the Act had a provision exempting doctor
Physician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
s prescribing the drugs. Dr. Charles Linder prescribed the drugs to addicts
Substance dependence
The section about substance dependence in the Diagnostic and Statistical Manual of Mental Disorders does not use the word addiction at all. It explains:...
, which the federal government said was not a legitimate medical practice. He was prosecuted and convicted. Linder appealed, and the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
unanimously overturned his conviction, holding that the federal government overstepped its power to regulate medicine
Medicine
Medicine is the science and art of healing. It encompasses a variety of health care practices evolved to maintain and restore health by the prevention and treatment of illness....
. The opinion of the court was written by Justice James Clark McReynolds
James Clark McReynolds
James Clark McReynolds was an American lawyer and judge who served as United States Attorney General under President Woodrow Wilson and as an Associate Justice of the United States Supreme Court...
and states, "Obviously, direct control of medical practice in the states is beyond the power of the federal government."
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 eraLochner era
The Lochner era is a period in American legal history in which the Supreme Court of the United States tended to strike down laws held to be infringing on economic liberty or private contract rights, and takes its name from a 1905 case, Lochner v. New York. The beginning of the period is usually...
, 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
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
from interfering with Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
's assisted suicide
Assisted suicide
Assisted suicide is the common term for actions by which an individual helps another person voluntarily bring about his or her own death. "Assistance" may mean providing one with the means to end one's own life, but may extend to other actions. It differs to euthanasia where another person ends...
laws in the case Gonzales v. Oregon
Gonzales v. Oregon
Gonzales v. Oregon, 546 U.S. 243 , was a decision by the United States Supreme Court, which ruled that the United States Attorney General could not enforce the federal Controlled Substances Act against physicians who prescribed drugs, in compliance with Oregon state law, for the assisted suicide of...
.