Supreme Court Justice Elena Kagan considered her past history of partying with marijuana during a recent case argument.
The case is in relation to a 2008 incident where partygoers were arrested for attending a party they were unaware was illegally held on private property. They eventually sued the city, saying that they were invited by a woman named “Peaches” and believed that the house was her property.
During the arguments, Kagan tried to see it from their perspective, bringing up her own history of partying.
“I used to be invited to [parties] where [I] don’t know the host,” Justice Elena Kagan said. “And can I say that long, long ago, marijuana was maybe present at those parties.”
Kagan then compared illicit pot smoking to accidental trespassing.
“It just is not obvious that the reasonable partygoer is supposed to walk into this apartment and say: Got to get out of here. And it seems a little bit hard that they’re subject to arrest,” she said.
Justice Sonia Sotomayor…