[SoFloFreeper]

WASHINGTON (AP) -- The Supreme Court on Tuesday upheld Oregon's one-of-a-kind physician-assisted suicide law, rejecting a Bush administration attempt to punish doctors who help terminally ill patients die.
Justices, on a 6-3 vote, said the 1997 Oregon law used to end the lives of more than 200 seriously ill people trumped federal authority to regulate doctors.
That means the administration improperly tried to use a federal drug law to prosecute Oregon doctors who prescribe overdoses. Then-Attorney General John Ashcroft vowed to do that in 2001, saying that doctor-assisted suicide is not a "legitimate medical purpose."
Justice Anthony Kennedy, writing for the majority, said the federal government does, indeed, have the authority to go after drug dealers and pass rules for health and safety.
But Oregon's law covers only extremely sick people -- those with incurable diseases, whom at least two doctors agree have six months or less to live and are of sound mind.

[mlc9852]

So does this mean attempted suicide would no longer be against the law? Obviously if someone actually commits suicide, it would be a moot point.

[tallhappy]

Justice Anthony Kennedy, writing for the majority, said the federal government does, indeed, have the authority to go after drug dealers and pass rules for health and safety. But Oregon's law covers only extremely sick people -- those with incurable diseases, whom at least two doctors agree have six months or less to live and are of sound mind.

Crazy subjective double standard inconsistent reasoning and criteria for this murder.

Worst possible opinion.

It's OK to murder -- even though technically the US government can stop it legally -- but "experts" say it is OK -- two of them.

Recipe for disaster.

[Antoninus]

Justice Anthony Kennedy, writing for the majority,

This is why I laugh when people say that if Alito is confirmed, there will be a "Catholic" majority on the court. Anthony Kennedy is about as much of a Catholic as Ted Kennedy.

The Culture of Death wins another one.

[GarySpFc]

Ping

[VRWCmember]

But Oregon's law covers only extremely sick people -- those with incurable diseases, whom at least two doctors agree have six months or less to live and are of sound mind

I was going to suggest that at least three current SC justices might qualify for application of this Oregon law, except for that last phrase requiring that they be of sound mind.

[GarySpFc]

Ping

[Sioux-san]

So Terri Schiavo wouldn't have qualified. Ooops - I forgot. That wasn't assisted suicide. That was assisted judicial homicide.

[Fruit of the Spirit]

http://www.guardian.co.uk/uslatest/story/0,1282,-5551822,00.html

New Chief Justice John Roberts backed the Bush administration, dissenting for the first time.

``Congress did not have this far-reaching intent to alter the federal-state balance,'' Justice Anthony M. Kennedy wrote for himself, retiring Justice Sandra Day O'Connor and Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer.

Kennedy is expected to become a more influential swing voter after O'Connor's departure. He is a moderate conservative who sometimes joins the liberal wing of the court in cases involving such things as gay rights and capital punishment.

[CharlesWayneCT]

In other words, constitutionality is not an absolute, but is based on outcome. Federal Government has a right under the constitution to regulate interstate commerce, as it relates to dispensing drugs, but SOMETIMES the constitution doesn't allow that, such as when it's administering drugs to kill people if they are really sick and everybody thinks they should die.

I don't know whether I want the federal government passing a law overriding state assisted-suicide laws, but I'm pretty sure I believe the constitution allows the federal government to do so, and I'm pretty sure the existing laws regulating the dispensing of prescription medication has a clause in it covering the valid uses of medication.

Now, it could be that Kennedy is saying that Ashcroft mis-applied that law. If so, that would be an OK decision, because it wouldn't be a constitutional issue, and the congress could pass a law to cover this specifically.

Anybody know if this is a statutory ruling or a constitutional ruling?

[montag813]

That means the administration improperly tried to use a federal drug law to prosecute Oregon doctors who prescribe overdoses.

Didn't sound like the Admin made the smart play in fighting this. Quite a stretch to extend the drug laws to ban euthanasia.

[Constantine XIII]

"But Oregon's law covers only extremely sick people -- those with incurable diseases, whom at least two doctors agree have six months or less to live and are of sound mind."

What does that have to do with the price of tea in China?

[RightOnTheLeftCoast]

"trumped federal authority to regulate doctors"

What Federal authority to regulate doctors? Find that for me in the Constitution, folks.

This is a correct ruling. The Supremes could have gone further, however, had they chosen to review the foundational issue of "Federal authority to regulate doctors."

[NCLaw441]

I am not sure I agree with suicide under these circumstances, (and I have not read the entire thread yet, so forgive me if I restate thinking I am being original), but I believe that this is a state law issue, not a federal constitutional one. That is, provided that the individual who's life is being lost is competent and in fact makes the decision. Don't get me wrong, I think the law is not a good one, only one that states have the right to make, just as the states have the right to outlaw this practice, and should have the right to outlaw abortion.

[mjaneangels@aolcom]

"Justice Anthony Kennedy, writing for the majority, said the federal government does, indeed, have the authority to go after drug dealers and pass rules for health and safety."

Suicide is now, by definition for health and safety. Lovely. /sarcasm