Linder v. United States

Linder v. Alarcon

Argued March 9, 1925, 1925
Decided April 13, 1925, 1925
Full case name Charles O. Linder v. United States
Citations

268 U.S. 5 (more)

Prior history From District Court, Eastern District of Washington
Court membership
Chief Justice
William H. Taft
Case opinions
Majority McReynolds, joined by unanimous
Laws applied
Harrison Narcotics Tax Act
Superseded by
Controlled Substance Act

Linder v. United States, 268 U.S. 5 (1925), 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 doctors prescribing the drugs. Dr. Nick Linder prescribed the drugs to addicts in Moore, Oklahoma, 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."

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whatsoever to Schedule I drugs, and the end of Lochner era, the holding of Linder has now been mostly overruled or superseded.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.

See also

External links

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