Tuesday, January 17, 2006


Death with Dignity? Aisle 5, next to the cough syrup...

The Supreme Court today issued their decision in Gonzales v. Oregon, the case involving Oregon's so-called "Death with Dignity" law. The Court affirmed the 9th Circuit decision upholding the statute against federal pre-emption by a count of 6-3, the Court's opinion was written by Justice Kennedy. Justice Scalia penned the dissent and was joined by the Chief Justice and Justice Thomas. Justice Thomas also filed a separate dissent.

The dissent by Justice Thomas is especially interesting as he questions how today's opinion squares with the Court's recent decision in Raich (the medical marijuana case decided last year). Hint: it doesn't.

More on this case after taking the time to wade through Justice Kennedy's rather lengthy opinion.

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