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To: tallhappy; eyespysomething
The decision was the federal government does have jurisdiction to regulate this but the court's decision was that it was morally and legally OK if two doctors say it is.

That's and important distinction. I was initially disappointed with Thomas, Scalia and Roberts because I saw this as a state's rights issue without paying attention to the actual case. The six in favor here still voted to strengthen the authority of the federal government, not to give this issue to the states to decide.

566 posted on 01/17/2006 12:09:22 PM PST by SittinYonder (That's how I saw it, and see it still.)
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To: SittinYonder
That's and important distinction. I was initially disappointed with Thomas, Scalia and Roberts because I saw this as a state's rights issue without paying attention to the actual case. The six in favor here still voted to strengthen the authority of the federal government, not to give this issue to the states to decide.

Have you read Thomas' dissent? He uses this case, in part, to continue his repudiation of Raich. Had he voted with Oregon on the basis of his dissent in Raich, his condemnation of Raich wouldn't be nearly as strong as it is here.

875 posted on 01/17/2006 7:06:40 PM PST by supercat (Sony delenda est.)
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