Thursday, January 19, 2006

Gonzales V Oregon

This was the Supreme Court decision that dealt with the right to commit suicide. The Court ruled that the Attorney General of the United States could not use the federal Controlled Substances Act to prevent Oregon from passing a law that allows doctors to prescribe a fatal dose of drugs. It was ruled 6-3. Dissenting was Chief Justice Roberts, and Justices Scalia and Thomas.

It is important to understand that the case never dealt with a "right" to die. Rather it dealt with the issue of federalism, and when it is OK for the federal government to trump State law.

What is most interesting about this case is contained in Justice Thomas' dissent. He notes that in the previous decision dealing with the same federal statute trumping State's rights (California medical marijuana) the Court ruled the opposite way. What happened to Stare Decisis?

Why is it OK for the federal government to tell California that its doctors may not prescribe marijuana, but not OK for the federal government to tell Oregon that its doctors may not prescribe a fatal dose of barbituates? As far as Constitutional issues go, the cases are identical.

For the record I believe the Court ruled correctly in the Oregon case, and incorrectly in the California case.

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