Linder v. United States

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whatsoever to Schedule I drugs, and the end of Lochner era, the holding of Linder has now been mostly overruled or superseded.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

• List of United States Supreme Court cases, volume 268

External links

Wikisource has original text related to this article: Linder v. United States

• The case at Findlaw.com