Linder v. United States

(Redirected from 268 U.S. 5)


Linder v. United States by James Clark McReynolds
Syllabus

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. 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." Excerpted from Linder v. United States on Wikipedia, the free encyclopedia.

United States Supreme Court

268 U.S. 5

Linder  v.  United States

 Argued: March 9, 1925. --- Decided: April 13, 1925

Mr. George Turner, of Spokane, Wash., for petitioner.

[Argument of Counsel from pages 6-8 intentionally omitted]

The Attorney General, Solicitor General Beck, of Washington, D. C., Assistant Attorney General Donovan, and Mr. Harry S. Ridgely, of Washington, D. C., for the United States.

Mr. Justice McREYNOLDS delivered the opinion of the Court.

NotesEdit

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).