Wyatt is arrested under a federal statute that makes using marijuana illegal. The state that Wyatt lives in allows recreational use of marijuana. Wyatt challenges the federal statute on the grounds that it is time for the law to change. Wyatt’s argument is that recreational marijuana use is now legal in eleven states and medical marijuana use is legal in 34 states; therefore, it is time for the federal government to come into the 21st century and make the use of marijuana legal throughout the United States. Judge Sanderson is the district court judge hearing the case, and he rules that the law should not be overturned. Judge Sanderson is a proponent of the legal positivism school of legal thought. Therefore, Judge Sanderson believes that:

Judge Sanderson believes judges should defer to existing laws because there is no law higher than the laws created by a national government.

What guides the law supremacy?

In the constitution, the law supremacy is guided by supremacy clause which places the Federal law over other subordinate laws such as states law etc.

Deptie that Wyatt’s argument is that recreational marijuana use is now legal in eleven state, Sanderson believes judges should defer to existing laws because there is no law higher than the laws created by a national government.