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Wednesday, August 10, 2005
Wyden: Roberts OK with Ore. Death with Dignity
With the Terri Schiavo case behind us, Oregon's Death with Dignity act remains in the crosshairs. But according to Sen. Ron Wyden (D-OR), Supreme Court nominee John Roberts is not entirely against the right to die. Jim Barnett has the story for The Oregonian.
Supreme Court nominee John Roberts declared that, in cases dealing with end-of-life care, he would "start with the supposition that one has the right to be left alone," Sen. Ron Wyden, D-Ore., said after the two met for an hour Tuesday.Should it become apparent that Roberts supports the Oregon law, would more social conservatives like these ones get off of hs bandwagon? Very possible.
[...]
Roberts, 50, a judge on the U.S. Circuit Court of Appeals for the District of Columbia, could ascend to the Supreme Court days before it takes up the Bush administration's challenge to the unique Oregon law. Oral arguments are set for Oct. 5.
At issue is whether federal drug agents can prosecute doctors under the Controlled Substances Act for prescribing lethal doses of painkillers to terminally ill patients. Former U.S. Attorney General John Ashcroft challenged the Oregon law in 2001, arguing that assisted suicide was not a "legitimate use" of federally controlled drugs.
So far, supporters of the Oregon law have won in federal courts. Opponents have said they hope an increasingly conservative Supreme Court will block the law, and they hope Roberts will prove to be an ally.
But Wyden said he came away from his meeting confident that Roberts would apply a different kind of conservatism to the Oregon case, hewing to a limited view of federal power under the Constitution.
Roberts told Wyden that he would look closely at the legislative history of federal laws and would be careful not to strip states of powers they traditionally have held -- such as regulating the practice of medicine, Wyden said.
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