In a 6-3 decision, the Supreme Court upheld Oregon's physician-assisted suicide — the only law of its kind in the nation. The law has been before Oregon voters twice. It allows a terminally ill patient to take an overdose of drugs under two conditions: two doctors agree the patient is terminally ill and they believe the patient is of sound mind.
Writing
for the majority, Justice Anthony Kennedy rebuffed efforts by the nation's top law enforcement official, Attorney General Alberto Gonzales, to criminally charge doctors who helped people end their lives. According to Gonzales, federal drug laws did not permit or condone doctor-assisted suicide.
Dissenting: Justices Antonin Scalia and Clarence Thomas and new Chief Justice John Roberts, the three most conservative members of the court.
Reuters reports: "Kennedy, joined by another moderate conservative, retiring Justice Sandra Day O'Connor, and the court's four most liberal members, said the authority claimed by Ashcroft was 'both beyond his expertise and incongruous with the statutory purposes and design.'"
The White House expressed disappointment: "We are disappointed at the decision. The president remains fully committed to building a culture of life ... that is built on valuing life at all stages."
Should Samuel Alito have been confirmed, one can only speculate as to his decision. However, in general, analysts align him more closely with the dissenters than the majority.
Excerpts from the decision; full decision (pdf). More from About's US Government Information.
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Article comments
1 - Eric Olsen
thanks for a tight concise tellign of this news!
2 - Andy Marsh
I agree with this decision...not sure how Alito would have voted...but I will say this...one of the more liberal justices on the court right now was appointed by Reagan...Souter seems to have every conservative and libertarian in the country up in arms...so you really can't say how these guys are gonna decide something until they actually get there and make some decisions. Really, this is just like the Schaivo thing to me...it's the govt getting in my business where they don't belong.
3 - Dave Nalle
On an issue like this conservative justices have to weigh the personal autonomy issue which they value highly against the 'culture of life' moral issue which they also value, so with any of them it's a toss-up which way they're going to rule. I'm actually quite surprised that Thomas dissented. He's the most libertarian of the justices so I would have expected him to support the law. I may go looking for his dissent. Wouldn't be surprised if it was on some technical basis.
Dave
4 - Kathy
I have a link to the decision in the main article: pdf.
5 - Luke
Well I think terminally ill people should have more of a right to die than terminally healthy people, who just happen to more capable of offing themselves instead of having to get a doctor to do it for them.
6 - Maurice
I have to argue both sides of this issue:
pro - I very much want the right to die personally.
con - seems like there are opportunities for abuse.
7 - Andy Marsh
there may be opportunites for abusing the right to die...but each person would only be able to abuse the right once!
8 - Maurice
Andy,
the abuse would be family members wanting to off their rich relatives. For the sake of argument it is possible to have several rich relatives put down "for their own good".
I do get the joke....
9 - Andy Marsh
I never thought about it like that...probably because I have no rich relatives...dammit!
10 - Kathy
Maurice typed:
This is not an accurate representation of the Oregon bill, although it's nicely inflammatory. I'll quote from the Oregon DHS web:
So, your red herring is just that.
11 - gonzo marx
thanks for the good Article and the nice linkages!
nicely done pointing out the logical fallacy of the "abuse" argument when speaking about this particular Law
and i don't find it "suprising" who dissented on this one...but i do get a bit of a suprise that those who claim to be "conservative" voted FOR the "nanny state" concept here
just goes to show you how seriously fucked up these bullshit "gang labels" are at this point in our History
oh yes..and anyone that doesn't think Alito woudl have voted EXACTLY how he was told to is just dreaming about how sad the situation is right now that they should just pour themselves another glass of kool-aid
nuff said?
Excelsior!
12 - Kathy
Hi, gonzo - thanks!
I truly don't understand the "labels" anymore, either. I'm guessing Alito would have voted with the minority, but that is an informed, not educated, guess. I have not read his opinions enough to make an educated guess.
Kathy
13 - Deborah
I truely support Euthanasia. No human being should suffer from any kind of illness. If any kind of illness creates so much pain and suffering then they should have the right to end there lives as they choose. this should be a right for any human to choose.
wheather they are suffering from mental illness to a disease or virus. No one should have to take pills like anti depressants or a typicals, these pills kill brain cells and a person never recovers anyway...
no one should have to take pills to kill the brain... this is how they control a mental illness... they do more damage and the longer the person is on the medication the more damage is done. this is how society makes there money by making people sicker who are already sick. so they say this will make you better whrn infact it is making you worse... Quote a book called BAD SCIENCE BAD MEDIECINE. EXPLAINS WHAT PSYSICS DONT WANT YOU TO KNOW.
i am suffering from several illness and am in dire pain physically, and has a strain mentally on me... i am sick of being sick and i want to end my time now... i am not going to get any better ever no matter what... and i can not function normally as a human being... everyday is a wasted day to me, because i can not and will not be a productive member of society... i do not want to be case study or feed pills. i want to end my life
...
if you read this and you can help me ,i need your help please i am stuck in california and i need a place in oregon. to stay so i can talk to the doctor abouta ending my life... i do not want to
suffer any more... [Personal contact info deleted]
No human being should be treated like an animal... nor suffer ither... ever. It is IN HUMANE, discusting, and should never be allowed in our society. if you have a pet and it cannot function properly then it is put to sleep. it is not made to suffer ever... if a horse hurts its legs they puts it to sleep, if a human hurts its legs and arms they just give em a wheel chair. and someone has to care for them then
ANY TIME A HUMAN BEING HAS TO HAVE OTHER PEOPLE TO TAKE CARE OF THEM THEY SHOULD HAVE THE RIGHT HAVE DIGNITY WITH THEIR OWN CHOICE
forgive me if anyone is offended. but i truely am tired of living in this world. and me praying to god will not end my life...