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Crack, Powder, and Equal Protection

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A reader over at SL&P notes that the Supreme Court on Jan. 16 asked the Solicitor General to respond to a certiorari petition claiming that 21 U.S.C. ยง 841 violates multiple constitutional rights. That section specifies punishment for possessing various quantities of drugs, and it equates 5 grams of crack with 500 grams of powder cocaine. The case is Jackson v. United States, No. 06-8391. The Ninth Circuit's unpublished memorandum (by Judges Pregerson, Nelson, and Graber) simply notes that the arguments are foreclosed by circuit precedent.

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