High Court Decision Leaves Assisted Suicide Issue Where it Belongs: With the States

By None, The Monitor (Texas), Jan. 20, 2006

Editorial

America's constitutional system limits federal control over state actions. That means people in one state may not like actions taken by the people of another state, yet still have to respect the other state's actions on a range of issues.

That's why the U.S. Supreme Court on Jan. 17 was right not to overturn an Oregon law, passed by voters in a 1994 initiative, that allows physician-assisted suicide.

Writing for the 6-3 majority in the Gonzales v. Oregon case, Justice Anthony Kennedy pointed to "the structure and limitations of federalism." He quoted from a previous Supreme Court decision in the 1996 case Medtronic Inc. v. Lohr, which said the states have "great latitude under their police powers to legislate as to the protection of the lives, limbs, health, comfort, and quiet of all persons."

In 1992, we opposed an initiative, defeated by voters, that would have allowed assisted suicide in California. We were concerned that healers not become those who take life in the fashion of Dr. Jack Kevorkian, the pathologist currently imprisoned in Michigan on a murder conviction in an assisted-suicide case.

A more recent concern is that Oregon — or California — could become like the Netherlands, where assisted suicide (in which the patient is enabled to take a deadly action) seems to be leading to legalized euthanasia (in which a doctor directly kills the patient). The Dutch now have what they call "ending life without the explicit request of the patient." Although still illegal, it is winked at in practice.

Unfortunately, the Supreme Court decision has given new life to a bill introduced in the California Legislature last year, but not passed, that would legalize assisted suicide in this state. AB651 is by Assemblywoman Patty Berg, D-Eureka. She told the Jan. 18 San Francisco Chronicle that the decision provides an opportunity "to re-look at this bill." Let's hope not.

But the Supreme Court at least has left the matter in the hands of the states, where it belongs.

As to Oregon, those opposing its assisted-suicide law can take the matter up with the citizens of that state.

Email this page to a friend Share on Facebook Share on StumbleUpon Print this page