The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Granted: Tuesday, February 22, 2005
Argument: Wednesday, October 5, 2005
Decision: Tuesday, January 17, 2006
Issues: Privacy, Right to Die

Advocates

Robert Moorehead Atkinson (argued the cause for Respondents)
Paul D. Clement (argued the cause for Petitioners)

Facts of the Case

In 1994 Oregon enacted the Death with Dignity Act, the first state law authorizing physicians to prescribe lethal doses of controlled substances to terminally ill patients. Attorney General John Ashcroft declared in 2001 that physician-assisted suicide violated the Controlled Substances Act of 1970 (CSA). Ashcroft threatened to revoke the medical licenses of physicians who took part in the practice. Oregon sued Ashcroft in federal district court. That court and, later the Ninth Circuit, held Ashcroft''s directive illegal. The courts held that the CSA did not authorize the attorney general to regulate physician-assisted suicide, which was the sort of medical matter historically entrusted to the states.

Question

Did the Controlled Substances Act authorize the attorney general to ban the use of controlled substances for physician-assisted suicide in Oregon?

Conclusion

No. In a 6-3 opinion delivered by Justice Anthony Kennedy, the Court held that Congress intended the CSA to prevent doctors only from engaging in illicit drug dealing, not to define general standards of state medical practice. Moreover, the CSA did not authorize Attorney General John Ashcroft to declare a medical practice authorized under state law to be illegitimate.

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 6 votes for Oregon, 3 vote(s) against
Legal Provision: 21 U.S.C. 801
Voted with the majority
Stevens
Voted with the majority
Souter
Voted with the majority
Ginsburg
Voted with the majority
Breyer
Voted with the majority
O'Connor
Wrote the majority opinion
Kennedy
Voted with the minority, joined Scalia's dissent
Roberts
Wrote a dissent
Scalia
Wrote a dissent, joined Scalia's dissent
Thomas
Full Opinion by Justice Anthony Kennedy

Cite this page

The Oyez Project, Gonzales v. Oregon, 546 U.S. ___ (2006),
available at: <http://www.oyez.org/cases/2000-2009/2005/2005_04_623/>
(last visited ).