This is what gets me just absolutely bat-sh-t crazy about Republicans and so-called conservatives. They don't mean a damned thing they say. They cry up and down that they don't want "activist judges" imposing their view instead of just interpreting the law, but they really mean they don't want judicial outcomes they don't like.
They didn't like it when states were forced to treat blacks as equal citizens, they didn't like it when states were forbidden to restrict women's reproductive choices, but they were too ashamed to say it out loud, so they found a convenient excuse of "state's rights" and "strictly interpreting the laws."
Now I have long since written off Justices Scalia and Thomas. But, stupid me, I actually had some hope that Chief Justice Roberts would adhere to his promises to be a neutral umpire and not inject his own views into his opinions. It didn't take long to expose that lie.
Roberts joined Scalia and Thomas in dissent from today's decision upholding Oregon's Death with Dignity Act
. Justice Kennedy upheld the act on the ground that:
the federal law regulated medical practice only to bar doctors from using
their prescription-writing powers as a way to engage in illicit drug dealing and trafficking
In other words, unless doctors are engaging in drug trafficking, the federal drug laws don't apply to them. And whether you agree with the policy or not, it is impossible to argue that the federal drug laws were ever intended to regulate assisted suicide, one way or the other. Yet, here's what Scalia, with the new Chief on board, says:
If the term 'legitimate medical purpose' has any meaning, it surely excludes the
prescription of drugs to produce death
Nice sound bite. Bad legal reasoning. The dissenters have arrogated unto themselves the power to graft a whole new meaning of "legitimate medical purpose," beyond Congress's intent to stop the illegal drug trade. I don't fault them for believing that "legitimate medical purposes" does not include allowing terminally ill patients a painless passing if certain rigorous safeguards are met. That's fine. It's their opinion. But they are not legislators! The people of the State of Oregon have decided that under those circumstances, lethal medication is indeed a legitimate medical purpose. But the dissenters are unwilling to live with that and instead would impose their own judgment upon a statute that was never intended to address the topic of assisted suicide. THAT'S JUDICIAL ACTIVISM!
Such hypocrites. Seeing how shallow Justice Roberts' commitment to strict construction is, I have no doubt that Judge Alito will be worse. We need to stop these people from getting on the bench. I don't know how we will stop Alito, but I know that taking the Congress from the Republilcans in '06 is how we will do it in the future.