Court clashes over physician-assisted suicide

updated 7:46 p.m. ET Oct. 5, 2005

WASHINGTON - New Chief Justice John Roberts stepped forward Wednesday as an aggressive defender of federal authority to block doctor-assisted suicide, as the Supreme Court clashed over an Oregon law that lets doctors help terminally ill patients end their lives.

The justices will decide if the federal government, not states, has the final say on the life-or-death issue.

It was a wrenching debate for a court touched personally by illness. Roberts replaced William H. Rehnquist, who died a month ago after battling cancer for nearly a year. Three justices have had cancer, and a fourth has a spouse who counsels children with untreatable cancer.

The outcome is hard to predict, in part because of the uncertain status of retiring Justice Sandra Day O’Connor, who seemed ready to support Oregon’s law. Her replacement may be confirmed before the ruling is handed down, possibly months from now.

Roberts repeatedly raised concerns that a single exception for Oregon would allow other states to create a patchwork of rules for steroids, painkillers and other drugs.

The key O’Connor vote
The Supreme Court eight years ago found that the dying have no constitutional right to doctor-assisted suicide. O’Connor provided a key fifth vote in that decision, which left room for state-by-state experimentation.

The new case is a turf battle of sorts, started by former Attorney General John Ashcroft, a favorite among the president’s conservative religious supporters. Hastening someone’s death is an improper use of medication and violates federal drug laws, Ashcroft reasoned in 2001, an opposite conclusion from the one reached by Attorney General Janet Reno in the Clinton administration.

Oregon won a lawsuit in a lower court over its voter-approved law, which took effect in 1997 and has been used by 208 people.

The Supreme Court appeared sharply divided in hearing the Bush administration’s appeal.

Justice Ruth Bader Ginsburg, who has had colon cancer, talked about medicines that make a sick person’s final moments more comfortable. Justice David Souter, in an emotional moment, said that it’s one thing for the government to ban date rape drugs and harmful products but “that seems to me worlds away from what we’re talking about here.”

On the other side, Roberts and Antonin Scalia appeared skeptical of Oregon’s claims that states have the sole authority to regulate the practice of medicine.

MORE FROM POLITICS

Politics Section Front

NYT: Similarities to Iraq surge mask Afghan risks Health reform hits doctor deficit reality Senate preserves long-term care program Obama shifts date of climate summit visit Unexpected drop in jobless rate fuels optimism Obama's stylish aide under withering scrutiny Aide: Baucus nominated girlfriend for fed post Blagojevich's legal team burglarized Houston mayor enters Texas governor's race Reid cooks up health-care deal Politics Section Front   Add Politics headlines to your news reader: