The plan is to bring habeas corpus petitions on behalf of persons incarcerated on drug offenses. We may also seek to be heard amicus curiae on pending criminal matters. There are two main points to the argument. First, incarcerating drug offenders is an unconstitutional deprivation of substantive due process . Second, the War on Drugs has become a crime against humanity .
Incarceration infringes heavily upon fundamental rights.
To support such an infringement, the government must show compelling interests and means that are narrowly tailored to achieve those interests. Narrowly tailored means achieve their goals while limiting the infringement of fundamental rights as much as possible. It is the government's burden. Drug prohibition has not achieved any of its goals. Nearly 90 years have passed since the Harrison Tax Act of 1914 effectively banned narcotics.