quote:

Originally posted by occrider Does assissted death in some way violate the commerce clause .

maybe charon's fee is considered undue taxation

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life and death as passionate as the issue is, the issue is in need of a very clear debate that Roberts is supporting and with the questioning i've seen of his, is doing just that. do the courts need to address all arguements from commerce clause to FDA regulations to controlled substance act? i think so.

no question that Ashcroft's personal beliefs prompted this. good. academic discussion at the highest level of Constitutionality and states rights it deserves.

i think that common sense will prevail here.

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Originally posted by St_Andrew If it does violate federal drug laws, then it violates the commerce clause. If it doesn't, it doesn't, and Oregon can do what it wants.

Now I'm not an expert in US law, but using that logic, it should also be illegal for doctors to prescribe the poison needed for execution in many US states, never heard anyone criticise that... [/QUOTE]
thats funny. O'conner asked the same thing

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Originally posted by Q5echo life and death as passionate as the issue is, the issue is in need of a very clear debate that Roberts is supporting and with the questioning i've seen of his, is doing just that. do the courts need to address all arguements from commerce clause to FDA regulations to controlled substance act? i think so.

I agree. And not to disparage Roberts before he has rendered his decision, however, I'm somewhat concerned with his offsided questioning. If he is interested in addressing "all arguments" why has he been hammering the Oregon attorney general with nonstop questioning yet asked the federal prosecutor only 2 questions? Is he completely unconcerned with the arguments handed down by a previous federal court and appeals court and feels the need to make the state make its case yet once again without having the federal government address any of the rationale any of the previous courts used to rule against the feds? I anxiously await his decision and logic in the matter ...

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no question that Ashcroft's personal beliefs prompted this. good. academic discussion at the highest level of Constitutionality and states rights it deserves.

Wait ... a man's decision to involve personal beliefs when it comes to legal jurisdiction and governance over everyone is "good"??? Hmmm as such I suppose you have no qualms whatsoever with "judicial activism" since it engenders good "academic discussion". By all means, emminent domain was a grand excercise in governmental control and intellectual discourse that I hope to be repeated. Federalists everywhere should be heartened by the fact that even what they're doing may be wrong ... it's good academically!

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i think that common sense will prevail here.

One can only hope. And hope is all that common sense has nowadays.

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Retro ...

quote:

Originally posted by occrider I agree. And not to disparage Roberts before he has rendered his decision, however, I'm somewhat concerned with his offsided questioning. If he is interested in addressing "all arguments" why has he been hammering the Oregon attorney general with nonstop questioning yet asked the federal prosecutor only 2 questions? Is he completely unconcerned with the arguments handed down by a previous federal court and appeals court and feels the need to make the state make its case yet once again without having the federal government address any of the rationale any of the previous courts used to rule against the feds? I anxiously await his decision and logic in the matter ...

For the benefit of the doubt, maybe he already knows personally the government's side of the case from before he was a judge and did nto feel he needed anymore explanation of it. I don't know, but since we have no idea of what his reasoning was, maybe that was it.

Until we hear the decisions and are able to read their written opinions, we will never know.

MrS

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