Pro-Life Groups to Urge 'John Ashcroft, MD Law'
I echo TChris' sentiments on the Supreme Court's assisted suicide decision yesterday (opinion here).
If you haven't read about the case yet, the Washington Post has an easy to follow report:
The Supreme Court upheld Oregon's law on physician-assisted suicide yesterday, ruling that the Justice Department may not punish doctors who help terminally ill patients end their lives. By a vote of 6 to 3, the court ruled that Attorney General John D. Ashcroft exceeded his legal authority in 2001 when he threatened to prohibit doctors from prescribing federally controlled drugs if they authorized lethal doses of the medications under the Oregon Death With Dignity Act.
The case was not about the right to die, per se. The Supreme Court has previously ruled there is no constitutional right to die. States are free to enact their own laws on the issue. Oregon did that, with a law that had been upheld by state and federal courts. The issue before the Supreme Court was whether Ashcroft could extend the drug laws to punish doctors who provide lethal drugs to patients who have requested them so they can die on their own terms.
Right to life groups are already promising a pitch to have Congress pass a "John Ashcroft, MD" law...(my term, not theirs):
Tom Marzen, a leading pro-life attorney who monitors end of life issues, told LifeNews.com that Congress should pass "an amendment to the Controlled Substances Act that specifically states that assistance in suicide is not a 'legitimate medical purpose.'"
Dorothy Timbs, legislative counsel for National Right to Life's medical ethics center agrees..."Nothing in the decision suggests that Congress lacks the constitutional authority to amend the Act to make clear that federally controlled drugs may not be used to kill people," Timbs explained.
Here are some reactions from today's editorials:
- Seattle Post Intelligencer
It was troubling to see Chief Justice John Roberts cast his first dissent in this case, a toady vote siding with the Bush administration's abuse of executive power. Also troubling is the prospect of Judge Samuel Alito, should he be confirmed by the Senate, joining Roberts, Antonin Scalia and Clarence Thomas as a fourth vote in sympathy with such executive excess.
- The Oregonian
bq. Roberts let Oregon down this week.....Roberts joined Scalia's peevish dissent. While this vote doesn't define Roberts, it's a troubling indicator of the chief justice's mind-set -- and of the court's creeping direction.... [It] should heighten concerns about the direction of the court as it fills with Bush-appointed justices. Judge Samuel Alito, President Bush's current nominee to the Supreme Court, appears to be even more sympathetic than Roberts to broad notions of federal executive power.
The Bush Administration was also guilty in this case of abandoning for political purposes what ought to be its own federalism principles. Mr. Ashcroft had reversed a policy of the Clinton Administration in order to invalidate the Oregon law at the behest of social conservatives who had lost the political battle over assisted suicide in that state. Results-oriented jurisprudence isn't any more admirable from the right than it is from the left.
A poll on the LA Times website right now has 91% of responders agreeing with the Supreme Court decision.
And from bloggers:
Jane at Firedoglake weighs in:
I find it highly ironic that per the Supreme Court terminal patients can now end their lives but they can't smoke weed to make their pain more bearable.
And how about that charmer John Roberts, eh? The one who said only months ago he probably wouldn't vote against assisted suicide -- and then he did.
Federalism is at least a principled conservative position on which reasonable people can disagree. But the current crop of "conservative" justices is more interested in figuring out excuses to impose their own version of morality on the rest of us than they are in any meaningful application of conservative principle. I eagerly await thundering editorials from the right inveighing against judicial activism.
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