Oregon’s physician-assisted suicide law was upheld by the Supreme Court by a 6-3 vote. The three dissenting votes came from the big government conservatives:
Justice Antonin Scalia, writing for himself, Roberts and Justice Clarence Thomas, said that federal officials have the power to regulate the doling out of medicine.
“If the term `legitimate medical purpose’ has any meaning, it surely excludes the prescription of drugs to produce death,” he wrote.
Scalia said the court’s ruling “is perhaps driven by a feeling that the subject of assisted suicide is none of the federal government’s business. It is easy to sympathize with that position.”
Were Alito on the court, I have seen nothing that would persuade me that he would not join the other ‘federalists’ in trying to strike down the ban.
All together now, conservatives- “States Rights!”
*** Update ***
Supreme Court nominee John Roberts declared that, in cases dealing with end-of-life care, he would “start with the supposition that one has the right to be left alone,” Sen. Ron Wyden, D-Ore., said after the two met for an hour Tuesday. …
Roberts told Wyden that he would look closely at the legislative history of federal laws and would be careful not to strip states of powers they traditionally have held — such as regulating the practice of medicine, Wyden said.
“You don’t get the impression from how he answered that he’d let somebody stretch a sweeping statute like the Controlled Substances Act,” Wyden said.
As Blue Oregon states, discuss.
*** Update ***
This makes sense:
It’s not primarily a question of federal vs. state law, but a question of branches in the federal government. It seems clear that the majority here would have followed Raich if Congress passed a specific law outlawing assisted suicide, but refused here to permit the Attorney General, an executive actor, to take that action unilaterally. They think the statute Congress passed doesn’t give him that authority. This is a question about executive power, not federalism.
This seems to make sense, and would indicate I don’t know my ass from a hole in the ground. maybe, like Pete Morelli, I shouldn’t be discussing things I don’t understand.
On the other hand, it seems to me that regardless the outcome of this case, it certainly appears that Scalia will vote whichever way the popular line of conservative thinking is at the time, particularly. Or maybe I am just pissed off about Raich.