The Corner

Oregon Wins

The Supreme Court issued its opinion this morning in Gonzales v. Oregon, the assisted-suicide case. The Court held that the Controlled Substances Act does not authorize the federal government to preempt Oregon’s law by prosecuting doctors who prescribe controlled drugs for the purpose of hastening death. As I note on Bench Memos, Chief Justice Roberts joined Justice Scalia’s dissent. Also of note, Justice Thomas dissented separately to note the tension between today’s opinion and last term’s decision in Gonzales v. Raich. I debated this case with Wesley Smith on Legal Affairs Debate Club here.

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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