"The states' core police powers have always included authority to define criminal law and to protect the health, safety, and welfare of their citizens," said O'Connor, who was joined in her dissent by two other states' rights advocates: Chief Justice William H. Rehnquist and Justice Clarence Thomas.
Rehnquist, Thomas and O'Connor is a pretty odd lot. That Scalia doesn't appear on that list is a bit of a surprise, but not much as he has gotten rather odd in recent years. I would have been surprised if the decision had gone the other way, but I was surprised at the 10-3 vote, I was expecting an 8-5 or 7-6 vote.
In the court's main decision, Stevens raised concerns about abuse of marijuana laws. "Our cases have taught us that there are some unscrupulous physicians who overprescribe when it is sufficiently profitable to do so," he said.
I wonder if Stevens realizes that is an argument for legalization, not one against it.
Jay