Tuesday, January 17, 2006

Oregon Death with Dignity Law Upheld

The Supreme Court narrowly upheld Oregon's physician assisted suicide law.

I'm chagrinned to see that it's the liberal contingent of justices that sided with the state's right to regulate the practice of medicine (a power never given to Congress by the Constitution, thus reserved to the states). Though I have reservations about such 'Death with Dignity" laws, I think this was the correct ruling on federalism grounds.

Justice Roberts, Thomas, and Scalia, is this strict constructionism?

Unfortunately, this case comprises just more evidence of political agendas leaking into jurisprudence at the highest levels.

3 Comments:

At 10:32 PM, Blogger Bill Baar said...

States Rights are Liberal now. Federal activists are Conservative.

The big problem is we do such a poor job managing depression and providing palliative care, it's going to encourage more sucide and very bad management of end-of-life.

 
At 10:55 PM, Blogger Dan tdaxp said...

Fmodo, I agree. It was the right decision for states rights. Thomas came closest among the three to recognizing this.

 
At 4:58 PM, Blogger Alan Stewart Carl said...

Apparently, only O'Connor and Scalia believe in consistency as they were the only ones not to flip sides from the Raich (medicinal marijuana) ruling. Then again, Raich dealt with a substance that is always illegal under federal law and the Oregon case dealt with substances that are legal for doctors to prescribe. The question was, does the federal government's power to regulate drugs allow them to prosecute doctors who don't use the drugs as the Attorney General would prefer. The answer, thankfully, was no, the federal government does not have that kind of far reaching control over doctors. It really should have been a 9-0 ruling on the merits of the case (states have always had control over their own doctors, and it would be radical to change that), but Roberts, Thomas and Scalia let their personal moral repulsion to assisted suicide influence their vote.

 

Post a Comment

<< Home