cannabisnews.com: Unlikely Allies Back State on Medical Pot










  Unlikely Allies Back State on Medical Pot

Posted by CN Staff on October 14, 2004 at 10:03:37 PT
By Claire Cooper -- Bee Legal Affairs Writer 
Source: Sacramento Bee  

As final briefs were filed Wednesday in a critical medical marijuana test case, set for argument in the U.S. Supreme Court next month, California got some unlikely allies. A trio of Southern attorneys general submitted a brief saying that when states decide to let their citizens light up, the federal government should butt out. "The question presented here is not whether vigorous enforcement of the nation's drug laws is a good criminal policy. It most assuredly is," says the brief filed by Alabama and joined by Mississippi and Louisiana.
"The question, rather, is whether the Constitution permits the federal government, under the guise of regulating interstate commerce, to criminalize the purely local possession of marijuana for personal medicinal use. It does not."Among the states filing the friend-of-the-court brief, only Louisiana permits even the most limited use of marijuana as medicine.Alabama, which makes about 10,000 arrests each year for marijuana possession, made it clear that it considers California's medical pot law "profoundly misguided."But the states-rights brief said all states have a fundamental right to regulate their citizens' health, safety, welfare and morals, and the federal government should stop interfering.As expected, California's attorney general, Bill Lockyer, also filed a brief, urging the Supreme Court to leave room for state medical pot laws.His friend-of-the-court brief, filed Wednesday, was signed by the attorneys general of Maryland and Washington state, which also have medical pot laws.More surprising, however, was support for the pro-pot side of the case from the conservative Pacific Legal Foundation, which filed a brief earlier on what is viewed as the key legal issue - the scope of the federal government's power to regulate interstate commerce.Though the Sacramento-based foundation pointedly weighed in on the case "in support of neither party," its brief says the federal power should extend only to endeavors that are economic and substantially affect interstate commerce.Known as Ashcroft v. Raich, the case was initiated by two Northern California medical pot patients, Angel Raich of Oakland and Diane Monson of Oroville.Snipped: Complete Article: http://www.freedomtoexhale.com/allies.htmSource: Sacramento Bee (CA)Author:  Claire Cooper -- Bee Legal Affairs WriterPublished: Thursday, October 14, 2004Copyright: 2004 The Sacramento BeeContact: opinion sacbee.comWebsite: http://www.sacbee.com/Related Articles & Web Sites:Raich vs. Ashcroft http://www.angeljustice.org/Angel Raich v. Ashcroft Newshttp://freedomtoexhale.com/raich.htmState Backs Medical Pot Case Before Court http://cannabisnews.com/news/thread19640.shtmlKey Medical Pot Case To Be Heardhttp://cannabisnews.com/news/thread19092.shtmlAnalysis: Medical Marijuana Debate Renewshttp://cannabisnews.com/news/thread19090.shtmlSupreme Court Will Hear Medical Marijuana Case http://cannabisnews.com/news/thread19089.shtml 

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Comment #49 posted by global_warming on October 14, 2004 at 16:27:14 PT
Maybe A Dingy Day
Any warmth that you might be suggesting, is from the fire that this War On Drugs has fed, you can watch or participate, it is not drugs that is bringing down this American Empire, it is the greedy bastards, that fill their wallets, and watch the world burn in fire.If any of you all have some kind of religion, it is best you learn how to pray to your Gods, for the world is unbalanced, and the voices of the martyrs sing in a choir, that is going to bring down the false and the pompous mighty rulers, and when the dust settles, it will reveal the light that has been there from the beginning, the light that has given to all, the light of life.
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Comment #48 posted by Hope on October 14, 2004 at 15:54:29 PT
Dang...this must be Dingy Day!
Sorry Afterburner...I meant Global Warming. Well both are warm!
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Comment #47 posted by Hope on October 14, 2004 at 15:49:56 PT
Afterburner...I don't recall if you are M or F.
But many females have a saying..."You can't force someone to be who they are not."
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Comment #46 posted by Hope on October 14, 2004 at 15:46:35 PT
careful gw You'll scare them! :-)
Make no mistake, this Hemp revolution will not end with smoking a healing herb, it will carry this world into the darkest reaches, to root out the greedy bastards that have hijacked this world.-gw
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Comment #45 posted by FoM on October 14, 2004 at 15:44:40 PT
global_warming 
Thank you for your opinion but I already said how I feel. 
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Comment #44 posted by global_warming on October 14, 2004 at 15:37:37 PT
re:comment 41
"I never paid any attention to that part of our history. I don't think that we should live in the past. Here's a reason why. If we live in the past old wounds can't heal. If we live in the past it stops our growth and understanding of where we currently are today and limits our ability to look into the future so we might know where we are going. I hope this makes sense."If we do not make some effort to understand our past, we cannot make informed decisions that will guide us and try to make a better future. Trying to understand the past is not the same as living in the past.If it is any solace to the South, be informed, that it was the North that forced the war. The war was not about slaves or abolition, it was a war of economics, it was about money.Before the first shot was fired a bale of cotton was valued at about 10 cents, the price had been dropping for some time, thus forcing the South to stop the Northern Bankers from collecting on some bad loans.The North not only loaned money to the South, it also setup cotton plantations in the Caribbean, thus undermining the ability for the South to pay back the money that was owed to the Northern Banks. As the Northern Bankers closed in on the Plantation owners and their properties, the only course the South had was to fight back against the greedy bastards of the North.This current situation of the War On Drugs is but another extension of the same war, the same wounds, the greedy bastards have been busy, usurping our government, through such favorable legislations to the pharmacos and in general the military/industrial complex.The Hemp revolution is not just about Medical Marijuana, it is about overthrowing the controlling big business interests that have no interest in freedom, no interest in slaves, no interest in the American Constitution, their only interest is in keeping their greedy profits, while the rest of mankind can go to hell.Make no mistake, this Hemp revolution will not end with smoking a healing herb, it will carry this world into the darkest reaches, to root out the greedy bastards that have hijacked this world.-gw
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Comment #43 posted by FoM on October 14, 2004 at 14:55:57 PT
Hope
See how much I don't know. I don't watch much TV except for MSNBC and CNN sometimes and now The Daily Show for my comic relief.
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Comment #42 posted by Hope on October 14, 2004 at 14:55:28 PT
FoM
Makes a lot of sense.
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Comment #41 posted by FoM on October 14, 2004 at 14:51:19 PT
Hope
I never paid any attention to that part of our history. I don't think that we should live in the past. Here's a reason why. If we live in the past old wounds can't heal. If we live in the past it stops our growth and understanding of where we currently are today and limits our ability to look into the future so we might know where we are going. I hope this makes sense.
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Comment #40 posted by Hope on October 14, 2004 at 14:50:50 PT
FoM
You'll find at this website one of those pictures that might be worth a thousand words.http://www.eurweb.com/story.cfm?id=16446:-)
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Comment #39 posted by Max Flowers on October 14, 2004 at 14:49:36 PT
Hemp For Prosperity
I think we need a national movement to free and reinstate hemp farming as a national plan to restore farming prosperity and thus, national prosperity. Just like we had Hemp For Victory during WWII.
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Comment #38 posted by Dankhank on October 14, 2004 at 14:46:57 PT
The South
The South is a strange place. Attitudes are stuck back in the last century. The furor over S Carolina and it's display of the Confederate Flag isa case in point. It's mind-numbing to hear them, which included my brother-in-law in SC, claim that the flag represents the Southern culture, as they say, suggesting that there was a "culture" of the South that was worth honoring.I would ask, "What part of that culture are you proud of?" "Since every "genteel" family of that era was supported by the backbreaking labor of slaves what part of their life do you wish to honor?"Interesting that the "darkies" were referred to as "servants" and not what they were ... slaves. They even tried to lie to themselves.Only a few years ago the National Baptist Commission, or whatever they call themselves, deigned to offer an apology for supporting slavery.Nothing good came from those "owners of humans." The music of the slaves and some other artists of any color would seem to be the only "good thing" to have been honored.http://www.countrygoldusa.com/dixie.asp for some versions of "Dixie"
Ex-Cracker
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Comment #37 posted by Hope on October 14, 2004 at 14:41:36 PT
FoM
another thought about the North/South thing. It hasn't been that many generations since the horrific War of Secession. Whatever those things we inherit and pick up from our forebears isn't that many generations or years from a very bad scene. Very bad.
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Comment #36 posted by Hope on October 14, 2004 at 14:33:38 PT
Yehaaa
When I say it I can't help but feel a bit like Slim Pickens riding a nuclear missile.I don't like that feeling.I like Slim Pickens. That was freaking scary though.I hope it's not prophetic or anything.
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Comment #35 posted by Hope on October 14, 2004 at 14:27:39 PT
EJohnson
I can see it!
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Comment #34 posted by FoM on October 14, 2004 at 14:03:01 PT
EJ No Not Really
No I didn't understand. I don't understand some things.
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Comment #33 posted by E_Johnson on October 14, 2004 at 14:00:17 PT
So FoM
Do you see my point? ;-)
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Comment #32 posted by FoM on October 14, 2004 at 13:16:34 PT
Thanks EJ
I don't know anything about Rappers. I'm kinda stuck in a Neil Young mode! LOL! 
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Comment #31 posted by E_Johnson on October 14, 2004 at 13:03:37 PT
He's a rapper
He's really funny. He was one of the original members of Public Enemy. He's about five foot two and wears some kind of alarm clock tied around his neck on a chain. He's hilarious. He can't remember anyone's name but he always has a comment that hits some target somewhere.Brigitte Nielsen is the six foot tall Swede that Sylvester Stallone divorced because she cheated on him with a woman. She and Flav became the Odd Couple on the show.http://p076.ezboard.com/fpoliticalpalacefrm34.showMessage?topicID=1020.topic
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Comment #30 posted by FoM on October 14, 2004 at 12:47:32 PT
EJ Who is Flav?
I sure am having problems understanding things today.Hope I'm glad you liked the story. 
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Comment #29 posted by E_Johnson on October 14, 2004 at 12:30:22 PT
The Surreal Life
This looks stranger than Brigitte Nielsen and Flava Flav.Sorry Flav, I didn't mean that as a diss to YOU.
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Comment #28 posted by Agog on October 14, 2004 at 12:30:03 PT
My Screen Name Describes the Reaction Perfectly
Of Course BigDawg said it all in one word .... WOW!Max - you describe very directly what Steve Kubby argued for in his politics of consciousness. You and you alone should have dominion over your body, what enters it, and your thoughts. The classic argument against the FDA has long held that by virtue of its delays and prohibitions it has been responsible for more deaths than all the wars we've been party to since the civil war.  Ask your regular allopathic doctors about therapeutic dosages of Vitamin C, or MSM... and notice the "deer in the headlights" look. Or feel their disdain as they exercise "NIH" (not invented here)syndrome with practiced white coat arrogance.I'm encouraged by this and the previous article as well as the hemp food article of a few days past... now it is time for US to get up on the power curve early and make the most of it... in all respects.Things are changing..... I offer the following quotes as much for content as for the sources from which they come.SAD, BUT TRUE"We did have a completely different class of people in 1776. When this country was formed you couldn't find 10 people on the continent who thought that it was the responsibility of the federal government to provide them with a job or health care. Know this...transport today's average American back to 1776 and the Revolutionary War would never have happened."- Talk-show host Neal Boortz, 10/12/04HARDLY A DIME'S WORTH OF DIFFERENCE"Anyone who is a regular reader of these Musings knows that my big complaint about the Republican Party, of which I am a reluctant member, is that I think Republican office holders in general have become too much like Democrats."Like them, we are a party of big government, of too many rules, regulations and laws that intrude deeply and unnecessarily into our lives. We rely on government instead of on ourselves. We've come to believe that government has an obligation to look after us and take care of us, and lay down rules for living our personal lives. Like the Dems, we are big spenders; in fact, we are becoming even bigger spenders than they are."In truth there is hardly a dime's worth of difference between the two parties and, in equal truth, a lot of people like it that way, especially as it pertains to the Congress. They have this nonsensical idea that if a majority in both parties agree on a law it automatically is a good law. I give you Prohibition as an example."- Lyn Nofziger, "Musings.com," 10/11/04All the BestAgog
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Comment #27 posted by Robbie on October 14, 2004 at 12:19:17 PT
Great step forward
I wonder if one of our stalwart candidates for President will speak out about these briefs, and take a firm position one way or the other. Although, I'm sure, at least one of the candidates for president will
not be reading these briefs.
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Comment #26 posted by Hope on October 14, 2004 at 12:19:15 PT
that's a good story, FoM
Thank you. 
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Comment #25 posted by FoM on October 14, 2004 at 12:12:54 PT
Hope
Years ago we took our son to The Ohio State Fair. He was leaving for college to go to Oral Roberts University in Oklahoma in a few days. I was so sad but I didn't want him to see I was sad and wreck how excited he was. My feet started really hurting from all the walking and I was recovering from a broken leg so it would have been easy for me to complain. I saw a man in a wheel chair that was obviously paralyzed and it reminded me to be thankful. My feet stopped hurting. I'll never forget that lesson.
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Comment #24 posted by Hope on October 14, 2004 at 12:06:30 PT
FoM, Blessed with a roof that needs work
is better than having no roof over your head.
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Comment #23 posted by Hope on October 14, 2004 at 12:04:09 PT
Dang
maybe i'm stupider than I know. So many errors! I wouldn't have noticed them probably if I had proofread.My apologies to those offended by the mangling of the language and spelling. 
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Comment #22 posted by FoM on October 14, 2004 at 12:02:50 PT
Hope
You know something? We are all part of this remarkable country. We are all one. We don't have to agree on all issues and that's ok. We still are Americans and should always be proud and feel fortunate. I have many things going on here right now at home and they do produce pressure but I thank God that my problems aren't like those in third world countries. I feel very lucky to live here. As bad as things have been it's still the best country in the world but I'm prejudice. 
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Comment #21 posted by Hope on October 14, 2004 at 12:01:47 PT
FoM...me too...I'm inclined to love.
"I guess for me I don't want to feel badly about other people".
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Comment #20 posted by Hope on October 14, 2004 at 11:59:33 PT
*smile*...the Fabric
Them there's Sam and Kap, adding all that "texture".
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Comment #19 posted by FoM on October 14, 2004 at 11:58:27 PT
Hope
I guess for me I don't want to feel badly about other people or other areas of the country. I have been thru most states and have found interesting things in each state that are different then I ever saw in my area of the country. I think it broadens our thinking by seeing how others think about issues but that's just me.
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Comment #18 posted by Hope on October 14, 2004 at 11:57:02 PT
We're all held together
by people like you, and I and all the rest of the Cnewsers.You were able to still be my friend...even if I insisted on being armed when I felt it necessary. I like you even though you have different oppinions than myself about lots of things. It's people like us ...that reach out, that hold the whole mess together...we are the most necessary parts of the whole fabric of society.Now does that make sense? 
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Comment #17 posted by Hope on October 14, 2004 at 11:53:36 PT
Divisions
It's the same all over the world. Frieslanders are more "divided" from the rest of the Netherlands...like the North and the South. I think Friesland is thier "North".:-)
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Comment #16 posted by FoM on October 14, 2004 at 11:50:40 PT

Hope
I still have a hard time understand why the south seems to mind the north. We are all part of the United States. Each area of the country has it's own way of thinking about issues and that makes us a diverse society but that doesn't mean one person or area of the country is better then the other. I don't know but that's how I feel. I was raised "up north" and have loved it. We all should love where our roots are I believe but we should never forget we all are one people.
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Comment #15 posted by Hope on October 14, 2004 at 11:45:17 PT

the "South" liking the "North"
In the cases that it's true...I think the "South" has a feeling of the "North" trying to force and "inferiority complex" on it.Or something like that.There is a sense of seperation in some cases because of such vast differences in the general demeanor of the public at large. It's also a matter of some sort of grace and disgrace and aversion to sharing something with someone who looks down it. Sharing something you love with someone who diminishes it, even with a just a glance, is not something that any right minded person wants to do. Is it?I can't make sense of something that has troubled mankind since the beginning of time. It all boils down...perhaps...to "he thinks he's better than me...and he's not"...maybe.
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Comment #14 posted by FoM on October 14, 2004 at 11:36:19 PT

Hope
I have a serious question. Doesn't the south like the north? I do mean that too. I don't mind the south but sometimes I think the south minds the north and I don't know if I'm right or wrong and I don't understand it.
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Comment #13 posted by Hope on October 14, 2004 at 11:34:08 PT

drop of "poetical" sprung from Kap's words
The future awaits...it may be The South that leads the wayRise up sad ladyDefend your poor and courageousMake the Man get his foot off their neck!

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Comment #12 posted by FoM on October 14, 2004 at 11:22:59 PT

Hope
I never pay attention to the south or the north or the east or the west. I think of us all as what makes up the USA!
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Comment #11 posted by Sam Adams on October 14, 2004 at 11:21:49 PT

the South
Yeah, but this would spoil the Repub's Southern strategy - foment as much moral hatred of gays, blacks, & potheads among dumb people to get votes. Without race-baiting, dumb people might wake up and realize that the Republicans screw 99% of the population to keep the other 1% rich.
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Comment #10 posted by Hope on October 14, 2004 at 11:20:26 PT

Sorry...FoM
I was "dreamin about the South"...being she...and just got carried away. The South can look like an ignorant slut of a slaveholder to some people...I was just saying what "she" is to me.She's dirt, and trees, and sky. Not any of those things that so many people seem to think "she"...the South is.It just get's worse and worse as I try to explain it.My mind was wandering. Sorry.
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Comment #9 posted by kaptinemo on October 14, 2004 at 11:16:42 PT:

I wouldn't be surprised if more 
Southern States join this. It has real potential. And for more reasons than are immediately evident. A favorable ruling could lead to eventual industrial exploitation of this incredible plant.The sad fact is the South has always been on the short and sharp end of industrial development. Largely relegated to being the breadbasket of the industrial North. Well, along comes hemp, the Wonder Plant. Scores of known industrial uses, and no-doubt unsuspected ones to be discovered later. Doesn't deplete the soil like other crops. Grows better in lower latitudes than higher ones. Likes warmth and sunshine. Perfect for economically depressed Southern States which have always made their bones farming. The textile industries could recover their losses, mills open again, and all those skilled workers could return to doing what they excelled at for so long while making a decent living. The ripple effect of this would cause other industries to be either revitalized or created. The future awaits...and it may be The South that leads the way.
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Comment #8 posted by Sam Adams on October 14, 2004 at 11:14:54 PT

Deep South
Gotta love these guys - they're positioning themselves in case a future opportunity to restore slavery ever arises!  Or segregation.  Or maybe they just want to post the 10 Commandments everywhere. Kind of scary but we'll have to take all the help we can get.What is it with the 10 Commandments anyway? To my eyes this is no different than the Islamic Law government in Iran or Saudi Arabia. Very scary. There are only a few pockets of true religious fundamentalists in the world, the Mideast & US Bible Belt. I say again, Lincoln should've let 'em go. 
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Comment #7 posted by FoM on October 14, 2004 at 11:13:58 PT

Hope
You lost me. Who is a slave holder? 
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Comment #6 posted by Hope on October 14, 2004 at 11:03:53 PT

Is/Was the "lady" a slave holder?
No...she's dirt, and sky, and trees.
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Comment #5 posted by Hope on October 14, 2004 at 11:02:20 PT

The lady rises to speak
"A trio of Southern attorneys general submitted a brief saying that when states decide to let their citizens light up, the federal government should butt out."
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Comment #4 posted by Hope on October 14, 2004 at 10:57:01 PT

The South
A few days ago the thought occurred to me that one way the "South will rise again."...would be to be the first to throw off the ignorance of prohibition this time.She's someone to someone who knows her. She's sad. I'd like to see her rise up in this profound and right way. It would have to be some kind of miracle though. I think it would make her a bit less sad.
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Comment #3 posted by OverwhelmSam on October 14, 2004 at 10:52:10 PT

Here Comes the Judge
Well, a US Supreme Court ruling in favor of states rights will be sure to produce a recommendation for a Constitutional Amendment... the next step in the rise and fall of prohibition.I'm sure the average American thinks they're protecting society by advocating prohibition. The part they don't understand is that this war on marijuana has created a hostile government that persecutes it's own citizens by violating the very Constitution they should be defending. Additionally, these failed policies cause more damage to society than marijuana itself could ever cause.But then again, the "moral" majority have typically been oppresive and fascist throughout History.
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Comment #2 posted by FoM on October 14, 2004 at 10:35:32 PT

BigDawg 
I'll second the YeeeeHaaaaaw!
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Comment #1 posted by BigDawg on October 14, 2004 at 10:34:02 PT

Wow
Louisianna and Alabama arguing for our cause?Well, sort of.And that's enough for a southern "YeeeeHaaaaaw!"or simply, wow.
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