Wednesday, October 05, 2005

To Kill or Not to Kill

In the case before the Court today Oregon seeks to keep its assisted suicide law from the axe of the SCOTUS.  The government rests its argument on the fact that the Controlled Substance Act has entrusted the Attorney General with the power to determine what the scope “legitimate medical purpose.”  Oregon contends that it is up to the state to decide and regulate the practice of medicine.  I think that the government has stated the issue correctly by asking, “Who gets to decide?” This again boils down to rights and authority of the various States.  Whatever will Scalia do?  Forced to decide between his consistently championed issue and maybe a morality issue.  Actually, I would think (dare I presume) that he would follow the statute.  It seems clear, as the government has pointed out, that assisting suicide is not a “legitimate medical purpose.”  Notwithstanding the fact that the statute (CSA) really doesn’t define that phrase, ordinary meanings of the words show a meaning of promoting health, life and recovery.
     Oregon’s very premise that the state should decide the regulation of the practice of medicine would reach the same conclusion or so I would argue.  Fine, regulate the practice of medicine.  But the practice of medicine is the art and science of healing.  This ordinary meaning argument is laid out in the government’s brief and I tend to agree.  Assisted suicide is nothing about healing.  
I usually am all for State’s rights, and would like to minimize the intrusion of the federal government into business that is best handled by a State government.  This, I believe is not one of those times.  Yes, if it were me suffering and in constant pain waiting just to die, I might want to “hasten death” (as the respondent so eloquently phrases it).  But then that really isn’t the issue here.

Note: Petitioner’s brief.  Respondent’s Brief.

Tuesday, October 04, 2005

Another for the 88

Dale Jarrett, driver for the UPS Ford, wins the Nextel Cup race this weekend at Talladega.  Congrats Dale!

Monday, October 03, 2005

Fun little Test

You are a

Social Conservative

(36% permissive)

and an...
Economic Conservative

(75% permissive)

You are best described as a:


You exhibit a very well-developed sense of Right and Wrong and believe in economic fairness.

The Politics Test

Time for a Post

My last post was December 2004. Life takes funny turns. Other things become priority and next thing you know you have been distracted for nearly a year. My stint at South Texas College of Law continues. I have 4 more semesters to go (part time). So I should graudate in May '07 and take the July 07 BAR exam; unless, life takes another funny turn.
If all goes well blogging will resume.

The Web
Law Notes