October 5, 2005
MY, HOW HE'S GROWN:
High court weighs in on assisted suicide (GINA HOLLAND, 10/05/05, Associated Press)
Newly installed Chief Justice John Roberts on Wednesday sharply questioned a lawyer arguing for preservation of Oregon's physician-assisted suicide law, noting the federal government's tough regulation of addictive drugs.The 50-year-old Roberts, hearing his first major oral argument since succeeding William H. Rehnquist at the helm of the court, seemed skeptical of the Oregon law, and the outcome of this case was as unclear after the argument as before.
At the outset, Roberts laid a barrage of questions on Oregon Senior Assistant Attorney General Robert Atkinson before he could finish his first sentence.
Some of us are old enough to remember when John Roberts wasn't conservative enough, back before he became the paradigm against which Ms Miers and all future Republican nominees are to be measured. Posted by Orrin Judd at October 5, 2005 3:53 PM
The conservative movement is nothing but a dogmatic adherence to utopia, unchanged by reality or reason. No different from leftism or communism. Meanwhile, the rest of the world moves on.
Posted by: sam at October 5, 2005 4:25 PMI must be having a senior moment. It seems like only yesterday.
Posted by: AllenS
at October 5, 2005 4:28 PM
sam:
That's true of neocons and libertarians, but not of the great theocon mass of the party which believes Man to be Fallen and utopia unattainable, as the Founders did.
Posted by: oj at October 5, 2005 4:30 PMThe same right-leaning justices who opposed state prerogatives in Kelo (i.e. the ones who rejected CT's taking of private property) are apt to oppose them again here. One definition of "conservative" (property rights, in that case, right-to-life, in this one) seems consistently to trump another (federalism). A Justice Miers would probably vote with those four conservative justices, while O'Connor likely would not. But I wouldn't bet on Roberts either way just yet.
Posted by: ghostcat at October 5, 2005 4:34 PMghost:
The right to life precedes the Constitution and its is in fact one of the Constitution's purposes.
Posted by: oj at October 5, 2005 4:42 PMWe just think we've seen "Conservative head explosions" in the last 3 days. Wait till they find out that Miers is actually MORE conservative than Roberts.
Posted by: John Resnick at October 5, 2005 4:47 PMImagine how great Roberts would be if he had graduated from a real law school like SMU.
Posted by: jefferson park at October 5, 2005 4:49 PMOJ -
Ah yes: God's Law vs. man's. Color me skeptical.
Posted by: ghostcat at October 5, 2005 4:49 PMNo hesitation. Strike for the goal from the opening whistle. Gain and maintain the initiative.
I love the smell of napalm in the morning.
Posted by: Lou Gots at October 5, 2005 5:21 PMI just heard on the radio that Miers has been known to carry a pistol. Now I'll never see her in her robes without picturing a 45 underneath them.
Posted by: Shelton at October 5, 2005 5:41 PMLou: Careful with the soccer metaphors. OJ has warned others about editing comments for less.
Posted by: John Resnick at October 5, 2005 5:46 PMJohn,
Agree with your first post. The head explosions on the Right have been most instructive.As Lou Gotz says, bring it on. This could be fun.Whether she makes it or not, this could be a defining appointment.
Posted by: jdkelly at October 5, 2005 6:39 PMghostcat - There's no inconsistency. Federalism isn't states rights, it's the idea that the federal government is restricted to enumerated powers. Since the 2nd, 5th, and 14th amendments made protecting gun rights, the right to life, and property rights part of the enumerated powers of the federal government, federalism requires that the federal government protect those rights against state infringement.
So conservatives are just federalists, period.
Posted by: pj at October 5, 2005 7:04 PMPJ: No. That is not even a theory. All state constitutions contain rights to bear arms. The 2nd amendment is a guarantee of federal non-interference.
Posted by: Robert Schwartz at October 5, 2005 9:54 PMAs a friend of mine said today, if Roe does get overturned, the Democrats are going to learn the value of a minimalist interpretation of the commerce clause and of the 14th Amendment pretty darn quick.
Posted by: David Cohen at October 5, 2005 10:21 PMI'm happy to see the Chief Justice lay into this one.
Full disclosure: I'm a physician. Physician-assisted suicide is, quite simply, doctor-accomplice in murder. If a person wishes to commit suicide, there are myriad ways of doing so. Go do it and work out what you're going to say to your God. There's no need to involve a physician, and that's the main point.
The folks who advocate PAS aren't looking for an easy exit, they're looking for 1) societal approval for their actions and 2) for someone to remove the stain from their own soul. "Oh, oh, I would live but it is my time to go. I'm ready for my morphine, doctor."
Advocates for PAS claim that physicians who object wouldn't be required to participate. Sure, fine, except when I wear a white coat, I look just like the ones who do participate. My patients certainly could be confused and not know the difference. And that's unacceptable.
I refuse as a doctor to carry the moral stain of assisting suicide, and I refuse to allow my profession to do so. PAS is wrong, wrong, wrong, and I certainly hope the USSC will put an end to it.
Posted by: Steve White at October 6, 2005 12:20 AM