On January 17, 2006, the United States Supreme Court, in a 6-3 decision, ruled that Oregon's 1997 law entitled the "Death With Dignity Act", was not subject to the federal Controlled Substances Act of the 1970's. Despite John Ashcroft's protests, and Alberto Gonzales' attempt to portray the act of a state legislature legalizing doctor assisted suicide as contrary to US law, the majority on the Supreme Court ruled that federalism trumps federal law. This ruling is unusual, since the minority, composed of Antonin Scalia, John Roberts, and Clarence Thomas, is typically seen as supportive of states' rights, while the majority - Breyer, Souter, Ginsberg, O'Connor, Kennedy, and Stevens - is often on the side of broader federal power over the states. The majority ruled that the Bush Administration lacked the legal and medical authority to step in and overturn a state law regarding medicine. The Bush administration argued that the use of drugs to commit suicide was not a legitimate medical prupose, and thus was not protected by "traditional" recognition of states' rights over medicine laws.

The key, is, of course, that it doesn't matter whether the drugs will be used to alleviate suffering, and heal in order to preserve life, or if they will be used to kill. The issue is whether the states have the constitutional authority to write their own laws on this issue, whether the US Constitution protects the sovereignty of the states to handle their own affairs regarding not only medicine, but also suicide. The states clearly do. The majority should have been more explicit.

Faith in Freedom: Libertarian Principles and Psychiatric Practices