State v. Russell

I respectfully dissent: First, because the majority has abandoned the recognized rule for reviewing a facially neutral crime control statute in favor of an activist form of judicial review which allows the court to substitute its view of the basis for and efficacy of the statute for that of the legislature; and second, because, based on its assumption that crack cocaine and cocaine powder are identical substances — a matter on which experts disagree — the majority proceeds on the false premise that the legislature may not found a legislative distinction on differences in the form and…