The ruling is intriguing. The dissenting opinions seem to reflect, I’m not sure what, but it is nice to see the Supreme Court has not become another rubber stamp of the BA....

Supreme Court upholds Oregon assisted suicide law
By Gina Holland

The Associated Press

WASHINGTON – The Supreme Court, with Chief Justice John Roberts dissenting, upheld Oregon's one-of-a-kind physician-assisted suicide law today, rejecting a Bush administration attempt to punish doctors who help terminally ill patients die.

Justices, on a 6-3 vote, said the 1997 Oregon law used to end the lives of more than 200 seriously ill people trumped federal authority to regulate doctors.

That means the administration improperly tried to use a federal drug law to prosecute Oregon doctors who prescribe overdoses. Then-Attorney General John Ashcroft vowed to do that in 2001, saying that doctor-assisted suicide is not a "legitimate medical purpose."

Justice Anthony Kennedy, writing for the majority, said the federal government does, indeed, have the authority to go after drug dealers and pass rules for health and safety.

But Oregon's law covers only extremely sick people — those with incurable diseases, whom at least two doctors agree have six months or less to live and are of sound mind.

Today's decision is a reprimand of sorts for Ashcroft. Kennedy said the "authority claimed by the attorney general is both beyond his expertise and incongruous with the statutory purposes and design."

"The authority desired by the government is inconsistent with the design of the statute in other fundamental respects. The attorney general does not have the sole delegated authority under the (law)," Kennedy wrote for himself, retiring Justice Sandra Day O'Connor and Justices John Paul Stevens, David Souter, and Ruth Bader Ginsburg, and Stephen Breyer.

Roberts and Justices Clarence Thomas and Antonin Scalia dissented.

Scalia, writing the dissent, said that federal officials have the power to regulate the doling out of medicine.

"If the term 'legitimate medical purpose' has any meaning, it surely excludes the prescription of drugs to produce death," he wrote.

The ruling backed a decision by the 9th U.S. Circuit Court of Appeals, which said Ashcroft's "unilateral attempt to regulate general medical practices historically entrusted to state lawmakers interferes with the democratic debate about physician-assisted suicide."

Ashcroft had brought the case to the Supreme Court on the day his resignation was announced by the White House in 2004. The Justice Department has continued the case, under the leadership of his successor, Attorney General Alberto Gonzales.

Scalia said the court's ruling "is perhaps driven by a feeling that the subject of assisted suicide is none of the federal government's business. It is easy to sympathize with that position."

Thomas wrote his own dissent as well, to complain that the court's reasoning was puzzling. Roberts did not write separately.

Justices have dealt with end-of-life cases before. In 1990, the Supreme Court ruled that terminally ill people may refuse treatment that would otherwise keep them alive. Then, justices in 1997 unanimously ruled that people have no constitutional right to die, upholding state bans on physician-assisted suicide. That opinion, by then-Chief Justice William H. Rehnquist, said individual states could decide to allow the practice.

Roberts strongly hinted in October when the case was argued that he would back the administration. O'Connor had seemed ready to support Oregon's law, but her vote would not have counted if the ruling was handed down after she left the court.

The case is Gonzales v. Oregon, 04-623.

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...Tracy

'00 ML320 "Casper"
'92 400E "Stella"

What is the BA you are refering to? Bad Attitude?

Hopefully it spreads and people can choose when it is time to end it all and not only in Oregon but all the other states.

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Well, well, well. It appears that, sometimes anyway, individual rights will still be given their due.

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"Diplomacy is the art of saying 'nice doggie' until you can find a rock."

I've only got one thing to say:


FANTASTIC

I like your take but i'm making a reference to the Bush Admin.

Prior to this point the only way to get assisted suicide was to premeditatedly assist someone else to the same end. So with this change the terminally ill have some of the same options as do some mass murders...

A family member past away in Oregon in what amounted to assisted suicide. This decision paves the way for law to provide a dignified way for terminally ill folk to seek the only avenue of useful help available.

__________________
...Tracy

'00 ML320 "Casper"
'92 400E "Stella"

Can we have a physician assisted suicide for the democrat leadership? PLEASE.

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"He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you." - Friedrich Nietzsche

Geez, bone!!! Took ya long enough to weigh in. You're slipping.

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"Diplomacy is the art of saying 'nice doggie' until you can find a rock."

I think we should have MODERATOR assisted suicide for BONEHEADS.

I've been busy at work.........

and Liberals the main supporters of Physician assisted suicides should take a stance and have a mass suicide....you know to show solidarity in their want to kill themselves before its their time.

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Proud owner of ....
1971 280SE W108
1979 300SD W116
1983 300D W123
1975 Ironhead Sportster chopper
1987 GMC 3/4 ton 4X4 Diesel
1989 Honda Civic (Heavily modified)
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Section 609 MVAC Certified
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"He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you." - Friedrich Nietzsche

How could a twice (minimum) verified terminally ill human being deciding that they'd prefer to die sooner rather than later (later = prolonged pain and/or suffering) have any negative effect on you, bone?

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"Diplomacy is the art of saying 'nice doggie' until you can find a rock."

Originally quoted by boneheaddoctor
Really? I figured you for a sucking-off-the-government-teet federal employee who not only hasn't been busy, but who, as an obvious admirer of THE GOOD REVEREND, MARTIN LUTHER KING JUNIOR, had yesterday off and spent the day honoring his memory.

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"Diplomacy is the art of saying 'nice doggie' until you can find a rock."

They cross his religious beliefs and the belief that we all have to follow his religion?

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01 Ford Excursion Powerstroke
99 E300 Turbodiesel
91 Vette with 383 motor
05 Polaris Sportsman 800 EFI
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I am not a goverment employee......its no secret here what major telecom company I work for....

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Proud owner of ....
1971 280SE W108
1979 300SD W116
1983 300D W123
1975 Ironhead Sportster chopper
1987 GMC 3/4 ton 4X4 Diesel
1989 Honda Civic (Heavily modified)
---------------------
Section 609 MVAC Certified
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"He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you." - Friedrich Nietzsche

Because liberals try to ease into things that most people do not want......like incremental gun control laws that violate everyones second amendment rights.

You have to look at what they are shooting for...not just what they are trying to do today.

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Proud owner of ....
1971 280SE W108
1979 300SD W116
1983 300D W123
1975 Ironhead Sportster chopper
1987 GMC 3/4 ton 4X4 Diesel
1989 Honda Civic (Heavily modified)
---------------------
Section 609 MVAC Certified
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"He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you." - Friedrich Nietzsche

Right. And the conservatives are making decisions because they feel it is right and they are not bought and paid for by the religious right.

Lets say you are right and nobody wants it. Nobody buys it. Simple as that. You make a product I don't want and nobody wants, nobody buys it. Where is the problem? Gun control laws are a totally different story.

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01 Ford Excursion Powerstroke
99 E300 Turbodiesel
91 Vette with 383 motor
05 Polaris Sportsman 800 EFI
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04 Tailgator 21 ft Toy Hauler
11 Harley Davidson 883 SuperLow