Wednesday, June 08, 2005

How The Supreme Court Medical Marijuana Decision Will Impact Assisted Suicide

As promised, here is my analysis of Gonzales v. Raich. I have read the entire decision and dissents. It seems to me that unless the court decides to be wildly inconsistent, or awards the win to Oregon based on a technical flaw in the way that Attorney General John Ashcroft sought to preclude the use of federally controlled substances in assisted suicide, then I can't see how the Supreme Court can rule that federal law can be enforced against users of medical marijuana, but not doctors who prescribe controlled substances for use in assisted suicide. I mean come on: Medical marijuana merely seeks to control symptoms but assisted suicide is intended to kill.

1 Comments:

At June 08, 2005 , Blogger Seth L. Cooper said...

Gonzales v. Raich gives rise to all sorts of interesting questions of constitutional federalism. Undoubtedly law reviews and law blogs will have many complex issues to discuss, thanks to the respective opinions of the justices.

But regardless of all of that, after reading through the majority and other opinions, I think your conclusion is entirely correct: if Congress can regulate the use of wholly intrastate, private, non-commercial use of a controlled substance like marijuana for medicinal purposes, then it can surely regulate the use of controlled substances for assisting suicides.

 

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