Suicide Is Painless

In a win for states' rights and the seemingly outdated value of compassion, the U.S. Supreme Court today upheld Oregon's physician-assisted suicide law by a 6-3 ruling.

On the portentous side, however, new Chief Justice John Roberts joined Antonin Scalia and Clarence Thomas in backing the Bush administration's opposition to the eight-year-old Death With Dignity Act.

The Washington Post 's William Branigin notes that former-Attorney General John Ashcroft challenged the Oregon law by claiming it violated federal authority to prosecute doctors who prescribe lethal drugs. Branigin writes:

"At issue was whether the federal Controlled Substances Act, enacted in 1970 to combat drug abuse and trafficking, allowed the attorney general unilaterally to prohibit doctors in Oregon from prescribing regulated drugs for use in physician-assisted suicide, despite state law permitting them to do so.

"Writing the opinion of the court, Justice Anthony M. Kennedy said the federal law bars doctors from using prescriptions to engage in illicit drug dealing but that 'the statute manifests no intent to regulate the practice of medicine generally.' Moreover, the Controlled Substances Act (CSA) relies on 'a functioning medical profession regulated under the states' police powers,' he wrote."

The Post adds that Scalia, writing the dissent, scoffed at suggesting physician-assisted suicide serves a "legitimate medical purpose."

"Saying that the court's decision 'is perhaps driven by a feeling that the subject of assisted suicide is none of the Federal Government's business,' Scalia wrote that 'it is easy to sympathize with that position.' However, the government has long been able to use its powers 'for the purpose of protecting public morality,' he said.

"'Unless we are to repudiate a long and well-established principle of our jurisprudence, using the federal commerce power to prevent assisted suicide is unquestionably permissible,' Scalia said. 'If the term "legitimate medical purpose" has any meaning, it surely excludes the prescription of drugs to produce death.'"

Since the law's inception in 1994, about 200 terminally ill Oregonians were able to end their lives. Doesn't the alleviation of pain and suffering fall under the purview of "legitimate medical purpose" when there is no possibility of recovery? We here at CTTC applaud the high court for its decision.

With Samuel Alito assured a spot on the court, we can only hope that Anthony Kennedy is one super healthy mofo.

More on the topic is available over at How Appealing.