Is assisted suicide an improper use of medication?
Tough one. If the person of sound mind is asking for the relief, then can we really consider the doctor's administering of the medication as "harm"? I personally feel that there is more harm being done to person while they are alive in pain. Otherwise, they wouldn't choose to die. Does the fact that Oregon voters voted this in directly through referendum as opposed to just being passed by the legislature strengthen Oregon's case?
Not in terms of law it doesn't. But since when have many members of the Supreme Court cared what the law says anyway? So I think in actuality, the fact that the voters put this in place twice will help the case for Oregon. Will this case be successfully used as a tool by the religious right to try and get Meirs confirmed for her possible opinion on this one single case?
I hope not. It certainly shouldn't have any bearing on her confirmation but nothing surprises me anyone. How will the Supreme Court rule on Gonzalez vs Oregon?
The California case involved intrastate commerce but the point is the same. Federal law can tamper with whatever they want it seems. The dissenting views on that case were Thomas, Rehnquist, and O'Connor. Roberts seems to side with Gonzalez so that is 7-2. O'Connor's vote may not even count so that's 7-1 with Meirs possibly making it 8-1 against Oregon using the California case as a basis.
Is it really apples to apples though? The case will boil down to if the Congress has the right to regulate the administration
of FDA approved medicine in a single
state? The 5 liberal members may not side with Gonzalez just because it's Big Government. Scalia and Roberts (plus Meirs) will side with Gonzalez because it's morally sound in their eyes and will read into the framers 'intentions' despite the obvious hypocrisy of it. Poor Thomas will be all alone now it seems without O'Connor.
I'm putting faith in the liberal wing and predicting 5-3 in favor of Oregon. Dissenters Roberts, Scalia, and Breyer.