Subscribe to Christianity Today
Subscribe to Christianity Today
Donate to Christianity Today
login | my account
February 13, 2012

Home > 2006 > January (Web-only)Christianity Today, January (Web-only), 2006
Supreme Court Upholds Oregon's Suicide Law
Says federal law regulates illicit drug dealing and trafficking, not "medicine."

The United States attorney general overstepped his bounds when he tried to stop the state of Oregon from implementing its 1997 physician-assisted suicide bill, the Supreme Court ruled Tuesday in a 6-3 decision.

In 2001, Attorney General John Ashcroft issued a directive "that assisting suicide is not a 'legitimate medical purpose' … and that prescribing, dispensing, or administering federally controlled substances to assist suicide violates the CSA [Controlled Substances Act]."

Using such drugs to assist with suicide could lead to "suspension or revocation" of a doctor's medical license, Ashcroft wrote.

Writing for the majority, Supreme Court Justice Anthony M. Kennedy said the Controlled Substances Act did not give Ashcroft "such broad and unusual authority." The attorney general, the Court said, has no expertise in medical matters.

"The statute and our case law amply support the conclusion that Congress regulates medical practice insofar as it bars doctors from using their prescription-writing powers as a means to engage in illicit drug dealing and trafficking as conventionally understood," Kennedy wrote. "Beyond this, however, the statute manifests no intent to regulate the practice of medicine generally."

In his dissent, Justice Antonin Scalia argued that the CSA's "legitimate medical purpose" clause is not limited to the regulation of illicit drugs.

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

Scalia was joined by Justice Clarence Thomas and Chief Justice John Roberts, for whom this was his first dissent.

Thomas wrote an additional dissent, noting that last year's Gonzales v. Raich decision, which allowed Congress to ban the medical ...

This article is currently available to CT subscribers only. To continue reading:




Christianity Today


  


Subscribe to Christianity Today and get 3 free trial issues. No credit card required.

Please allow 4-6 weeks for delivery. Offer valid in U.S. only.

If you decide you want to keep Christianity Today coming, honor your invoice for just $19.95 and receive nine more issues, a full year in all. If not, simply write "cancel" across the invoice and return it. The three trial issues are yours to keep, regardless.


Click here for international orders2-for-1 Gifts!

You must be a Christianity Today subscriber or have created a FREE registration to post comments
[Browse More Christianity Today]



Search
Search
Search
Scripture Search
Go Deeper

Books & Culture
Christianity Today
Church Law & Tax Report
Church Finance Today
Leadership Journal
Men of Integrity
Kyria.com
ChristianityTodayLibrary.com
PreachingToday.com