| 词条 | Linder v. United States |
| 释义 |
|Litigants=Linder v. United States |ArgueDate=March 9, 1925 |ArgueYear=1925 |DecideDate=April 13, 1925 |DecideYear=1925 |FullName=Charles O. Linder v. United States |USVol=268 |USPage=5 |ParallelCitations=45 S. Ct. 446; 69 L. Ed. 819; 1925 U.S. LEXIS 545 |Prior=From District Court, Eastern District of Washington |Subsequent= |Holding= |SCOTUS=1925-1930 |Majority=McReynolds |JoinMajority=unanimous |LawsApplied=Harrison Narcotics Tax Act |Superseded=Controlled Substance Act |Docket=|OralArgument=|OralReargument=|OpinionAnnouncement=|Dissent=|Concurrence=|JoinConcurrence=|Concurrence2=|JoinConcurrence2=|Concurrence/Dissent=|JoinConcurrence/Dissent=|JoinDissent=|Dissent2=|JoinDissent2=}} 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." Current implicationWith 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mostly overruled{{Citation needed|reason=No Supreme Court case has explicitly overruled Linder|date=March 2018}} or superseded.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
References1. ^{{ussc|name=Linder v. United States|268|5|1925}}. {{usgovpd}} External links
| case = Linder v. United States, {{ussc|268|5|1925}} | courtlistener =https://www.courtlistener.com/opinion/100630/linder-v-united-states/ | findlaw = https://caselaw.findlaw.com/us-supreme-court/268/5.html | googlescholar = https://scholar.google.com/scholar_case?case=558371114106290437 | justia =https://supreme.justia.com/cases/federal/us/268/5/ | loc =http://cdn.loc.gov/service/ll/usrep/usrep268/usrep268005/usrep268005.pdf{{SCOTUS-stub}}{{Drug use}} 5 : United States Supreme Court cases|United States Supreme Court cases of the Taft Court|United States controlled substances case law|1925 in United States case law|History of Spokane, Washington |
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