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STUDENTS FOR SENSIBLE DRUG POLICY v. SPELLINGS

No. Civ. 06-1010.

460 F.Supp.2d 1093 (2006)

2006 DSD 17

STUDENTS FOR SENSIBLE DRUG POLICY FOUNDATION, on behalf of itself and its members; and Kraig Selken, Nathan Bush & Alexis Schwab, on behalf of themselves and all other similarly situated individuals, Plaintiffs, v. Margaret SPELLINGS, Secretary of the United States Department of Education, in her official capacity, Defendant.

United States District Court, D. South Dakota, Northern Division.

October 27, 2006.

Attorney(s) appearing for the Case

Adam Wolf, Graham A. Boyd, M. Allen Hopper, ACLU Drug Law Reform Project, Santa Cruz, CA, Erwin Chemerinsky, Duke University School of Law, Durham, NC, Ronald Arthur Wager, Bantz, Gosch & Cremer, L.L.C., Aberdeen, SD, for Plaintiffs.

Diana J. Ryan, U.S. Attorney's Office, Sioux Falls, SD, Marcia Berman, U.S. Department of Justice, Washington, DC, for Defendant.

ORDER AND OPINION

KORNMANN, District Judge.

INTRODUCTION

[¶ 1] Plaintiff Students For Sensible Drug Policy Foundation ("Foundation") and three of its members instituted suit seeking a declaration that 20 U.S.C. § 1091(r) is unconstitutional, namely in violation of the Fifth and Eighth Amendments to the United States Constitution. Plaintiffs seek an injunction prohibiting the Department of Education ("DOE") from enforcing § 1091(r...

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