What you are advocating is judicial activism. Sorry, as a Conservative who supports a strict constructionalist view of the role of the courts, I must respectfully disagree with your view. And I would say that your view is out of line with the President, and his recent court nominees (well, at least Judge Roberts.
I think at this point we can agree to disagree, thank you for the pleasant discourse. You might want to visit http://www.freerepublic.com/focus/f-news/1497183/posts?page=6#6 and note how most of the posts in that thread are in favor of a court ruling which leaves such matters to the states.
Lincoln didn't see it that way nor did the courts for that matter. But as stated in the Declaration of Independence certain rights are given by the CREATOR and not by government and as such government has no right to take it away except in cases of trial by jury in criminal cases. Assisted suicide is not a right that can be given by anyone. No state by the founders intent can legalize murder of another human being. IOW only through Capitol Punishment upon conviction.
Government in the Constitution is given no powers of controlling life and death but I will tell you this much. IF states are allowed to allow killing, murder, suicides, or such who then pray tell me has the authority to stop them? Where is the line drawn as to what justifies killing someone for any reason? A prohibition to the states as such is not in the Constitution either as the laws on cases they hear apply only to federal laws then right? Either the USSC has say over state laws being legal, moral, and Constitutional or they don't. But the right answer is the Congress and not the USSC has final say in all matters related to the USSC.
Of course we haven't gotten to the point of discussion where assisted suicide goes against all established medical ethics and a doctors very oath to give care. Again who is behind this bill to legalize this? The ones who stand to profit the most from it. The murder in Florida of an innocent lady approved by the state opened the Pandora's Box. This is the result. Satan himself laughs in delight over it and fools support it.