Tuesday, January 17, 2006

Supreme Court Turns Back Feds and Upholds Oregon's Assisted Suicide Law Not much time to post right now, so I may comment more later. Link The Supreme Court upheld Oregon's one-of-a-kind physician-assisted suicide law Tuesday, rejecting a Bush administration attempt to punish doctors who help terminally ill patients die. Justices, on a 6-3 vote, said that federal authority to regulate doctors does not override the 1997 Oregon law used to end the lives of more than 200 seriously ill people.[...] The administration improperly tried to use a drug law to prosecute Oregon doctors who prescribe overdoses, the court majority said. "Congress did not have this far-reaching intent to alter the federal-state balance," Justice Anthony M. Kennedy wrote for himself, retiring Justice Sandra Day O'Connor and Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer. And who was on the side of the Federal government against the states (in fact, in this case, it was simply the executive branch of the federal government against the states)? Justice Antonin Scalia, writing for himself, Roberts and Justice Clarence Thomas, said that federal officials have the power to regulate the doling out of medicine. [Thanks, Adam!] Update: As discussed in comments, it seems likely that Thomas voted this way, at least in part, so he could write his own dissent. This Supreme Court decision is causing a lot of talk around the blogosphere. Certainly, at first glance, many are shocked at the comparison of Raich and Oregon. Professor Bainbridge's reaction is common: According to our Supreme Legislature Court, federal drug law does not preempt state law when it comes to doctors prescribing drugs so their patients can kill themselves, despite the long-standing moral and legal traditions against suicide. But federal drug law does preempt a state law that would allow doctors to alleviate suffering by prescribing a simple joint. What many are noting with this decision is the whole notion that in complex cases (and when are they not at the Supreme Court level), it isn't simply a matter of interpreting the text of the constitution as it was written, but it requires filling in gaps -- making judgements -- and those judgements inevitably involve Justices using their own views of the subject matter. Armando at Daily Kos Federal power vs. state power - whither federalism? So the lineup of the Justices in this decision makes it startlingly clear that EACH AND EVERY JUSTICE was a results-oriented legal realist in this case. As they are in EVERY case with such ambiguity and import. John Cole at Balloon Juice: Were Alito on the court, I have seen nothing that would persuade me that he would not join the other 'federalists' in trying to strike down the ban. All together now, conservatives-- "States Rights!" All Justices are activist judges. They have no choice. Now this case is also, to some extent, even more complex. It involves the interpretation of the CSA by the Executive Branch. The CSA specifically forbids marijuana. It does not specifically forbid assisted suicide -- that idea was Ashcroft's. Some have opined that the same Court would uphold a ban against assisted suicide if Congress passed it. Interestingly, in fact, one could interpret this decision to be, in part, a reaction to recent Executive Branch power grabs. 10:42:56 AM | drug policy | Related  | permalink | comment []

The Battle for the Hearts and... Urine of Today's Youth The Drug Czar is taking his Pee-in-a-Cup circus on the road to convince educators to spend taxpayer money on drug testing kids (and the first event is Thursday!) If he isn't countered, his message may seem logical to school districts that don't know the facts. However, there's no reason why we can't attend these same public events and find ways to tell the truth. The fabulous Students for Sensible Drug Policy have been on top of this issue for some time, and have done a great job in the past of countering the Drug Czar by showing up to events like these, passing out some real facts, and giving the press someone to interview on the other side (ONDCP doesn't like this, but the press eats it up). Here's the info from DARE Generation Diary Full Schedule: Orlando, FL, January 19, 2006 (Rosen Centre Hotel, 9840 International Drive) San Diego, CA, February 22, 2006 (Hilton San Diego Mission Valley, 901 Camino del Rio South) Falls Church, VA, March 15, 2006 (Fairview Park Marriott, 3111 Fairview Park Drive) Milwaukee, WI, April 25, 2006 (Hyatt Regency Milwaukee, 333 West Kilbourn Avenue) If you live in or around any of these cities, please get in touch with SSDP as soon as possible by calling our world headquarters at (202) 293-4414 to find out how you can counteract the Drug Czar's propaganda machine when it comes to town. Students, parents, and activists had a great time raining on the Drug Czar's parade last year. Let's make sure he and his cronies know that we'll continue to be there providing the truth wherever and whenever they proliferate lies. If you're planning on going, be sure to take a look at the student drug testing section of SSDP's website, where you'll find talking points and other materials. Make sure to sign up with ONDCP if you're planning on attending one of the summits. NORML is also working on countering the summit. The University of Central Florida chapter of NORML has already gotten some coverage in the college paper Members of the UCF chapter of the National Organization for the Reform of Marijuana Laws are taking a stand at the Rosen Centre Hotel Thursday while the site hosts a regional student drug-testing summit. The event, held by the Office of National Drug Control Policy, takes place at 8:30 a.m. and is intended to convince local educators that drug testing high school students will better serve the environment in public schools. NORML will argue, however, that national statistics have shown that this process does nothing to deter drug use and is nothing more than a waste of money. [Updated to new edition] If you'd like a nice printable piece to counter drug testing advocates, the ACLU and Drug Policy Alliance has one that's excellent. Making Sense of Student Drug Testing: Why Educators Are Saying No (pdf) [2nd Edition]. At the very least, we shouldn't let the Drug Czar off easy. With any luck, we'll have educators coming to these events interested in drug testing, but leaving turned off by it. 9:43:11 AM | drug policy | Related  | permalink | comment []