Linder v. United States

Linder v. United States

Linder v. United States, 268 U.S. 5 (1925),[1] 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 O. 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.”

6 Responses

  1. If this is truly a decision dealt by the supreme Court my understanding is that decision stands until another decision makes it obsolete. Why won’t a lawyer take our cases? According to this decision, we have a slam dunk. I’m so sick of the stress of fighting. Aren’t you? I only have 4 years of pre law, but according to the way this is worded, only a court order can change it? Anyone else?

    • But it takes the lower courts recognizing the SC decision in their process, but because of the money they are raking in, they don’t. It takes enforcement of the laws, and enforcement is on the side of the illegal DOJ. What we need is legislative action to remove immunity from these criminals committing gross government misconduct to convict the innocent–perjury, violation of constitutional rights, and frank law-breaking–all of which was done in my and every other doctor’s trial.
      We will be discussing this law-breaking DOJ on The Doctors Corner on YouTube with Dr. Thomas Kline next Tuesday Mar 19.

  2. “Obviously, direct control of medical practice in the states is beyond the power of the federal government.”

    Too bad this decision clearly doesn’t matter any more, b/c the guv is surely controlling medical practice directly, & doing more so every day.

    yet another HUGE reason the ACL-Useless should be in this fight.

    • I approached the ACLU 7 years ago and got the reply they weren’t interested. If it isn’t anti-Christian, they aren’t interested. They will take on a case to get a nativity off of a country county admin building grounds (did that 30 miles from me), but not to prevent innocent doctors from going to prison.

      • cheek50; many of us in Oregon have contacted the ACL-Useless multiple times over the years. We’ve always gotten the same answer (ditto with all the “civil rights” orgs & attorneys in the state); “we do not choose to get involved at this time.” But anti-Christian isn’t the only issue they defend; if you’re an inmate they’ll leap to assure your medical treatment, especially if it’s addiction treatment. If you’re a law-abiding citizen denied care, even if you’re disabled (supposedly a protected class) they don’t give a flaming fig.

  3. Linder vs US is one of many SC decisions that state that what the DOJ is doing is against the law. But the lower courts don’t pay any attention because of the money they are confiscating or the minority doctors they are removing from the profession, and the SC looks the other way. The SC can’t enforce their decisions. That is up to the agencies which are corrupt. It’s up to the people to stop the gravy train in the courtroom. This can be done with the information on, but people don’t bother. So more will die. Learn how the attacks on doctors are illegal through the ebook on DoctorsofCourage.

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