[Torie]

This is an interesting commerce clause case. I am not sure what other basis the Feds can preempt state law on assisted suicide. It is time to bring in the big guns.

[AntiGuv]

It is definitely predicated on the Commerce Clause, since that's the rationale justifying the Controlled Substances Act underlying the Federal action. It's important to remember though that even if the Feds win they would not preempt the assisted suicide statute per se; it would remain in effect. What the Feds are arguing is that doctors cannot prescribe, for the purpose of assisted suicide, drugs covered by the Controlled Substances Act. The attorney general made a personal evaluation or whatever that this is not an acceptable medical application. The case revolves around whether the CSA gives him the authority to exercise that discretion.

[Sandy]

This is an interesting commerce clause case.

It's definitely interesting, but it's not really a commerce clause case. The question before the Court is whether the AG has construed the statute properly, not whether there's something wrong with the statute. Even if Oregon wins, Congress presumably could amend the statute to specifically permit what the AG is now doing. I suppose at that point a commerce clause challenge could be made, but seeing as how Raich pretty much killed any chance for an as applied commerce clause challenge to succeed in the near future, I don't see how the state could possibly expect to win.