In the midst of the Supreme Court confirmation hearings for Judge Alito, it’s easy to forget that the Supreme Court is actually in session and taking care of business.
The most recent cast, Gonzales v. Oregon, was a victory for the state of Oregon’s assisted suicide law.
In a 6-3 ruling (the dissenting votes were cast by Chief Justice John Roberts, Antonin Scalia and Clarence Thomas), the court ruled that the Bush administration improperly tried to use a federal drug law to pursue Oregon doctors who prescribe lethal doses of prescription medicines.
The ruling may encourage other states to consider similar laws. The challenge to Oregon’s law came following a 1997 Supreme Court case which held, unanimously, that
people have no constitutional right to die. However, the case did open the door for states to create their own laws as to assisted suicide.
Oregon’s law addressed the rights of those people with incurable diseases and are of sound mind. According to the law, at least two doctors must agree that the patient has less than six months to live before the law can be applied.
It is important to note that the court’s ruling was not a final say on federal authority to override state doctor-assisted suicide laws. It is merely confirmation that the current federal laws does not permit the federal government to intervene in such matters. It is anticipated that Congress may consider a revision of the current federal law to address this issue.
If you’re interested in reading the case, Gonzales v. Oregon, 04-623, click here.
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