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He disagreed in only the mildest terms with the Supreme Court’s reversal of his court’s opinion—and his concurrence—in the medical marijuana case tested the limits of the federal government’s authority to override state drug laws.Kozinski had stood up for the states, while the Supremes sided with the feds.) And in contrast to some of his previous writings, he sounded positively mainstream on subjects such as racial preferences and capital punishment.
Kozinski: some things have implications that allow for punishment, b/c of direct harm to victims from speech itself; that’s a narrow category.Displace other ways of saying the same things; give up the right to control such uses. Kozinski: full answer: claim that it’s truthful is beginning of inquiry.Might be truthful but misleading, particularly w/things that are highly regulated like drugs.“Who was that man,” one justice of the Michigan Supreme Court asked after his dinner comments, “and what has he done with Alex Kozinski?” During Kozinski’s visit he sat down with Shikha Dalmia, a senior analyst with the Reason Foundation, who asked about all those issues and more.