If a state classifies a certain drug offense as a felony, but the same drug offense would be classified as a misdemeanor under federal law, which classification should be accepted for purposes of federal legislation?
The Will to Powder
The case highlights the disparate sentencing standards that exist with regard to drug possession in general, and cocaine possession--the drug of choice for Lopez and Toledo-Flores--in particular.
Broad Implications
Although the issues involved in this case may sound technical, they will become extremely important if immigration reform legislation, calling for the immediate deportation of any undocumented immigrants upon felony conviction, becomes law. If the Court should take the unlikely step of ruling against the defendants, expect states to consider reclassifying many misdemeanors as felonies in hopes of increasing the number of undocumented immigrant deportations.
The Bailiff and the Ballot Box
In states where felons are not allowed to vote, and are disproportionately likely to be poor or non-white, any immigration-related shift from misdemeanor to felony classification could also become a useful way for conservative Republicans to disenfranchise a larger number of traditionally Democratic voters.
