Eziekial wrote:I was shocked by Scalia's dissent. I was under the impression he was not a statist and would champion State over Fed on these issues.
Scalia's dissent wasn't based on state versus federal rights. Heck, the challenge to Oregon's law was never Constitutional in nature. At no point was the court asked to determine whether the law was constitutional, just to decide whether or not Congress, when enacting the Controlled Substances Act, intended for it to affect the issue of assisted suicide drugs. There can be no question that the CSA is constitutional, as the power to regulate interstate commerce is one of the enumerated powers of the federal government. The question is whether or not the scope of the law allows the federal government can use this power for the purpose of preventing doctor-assisted suicide.
The Constitution says that all "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively", not that the federal government can't use the enumerated powers for purposes not enumerated within the Constitution. Scalia's dissent is entirely in keeping with a strict constructionist interpretation.
I find it entirely inconsistent that the Supreme Court would declare the CSA to be so sweeping as to prevent the intrastate transport of medical marijuana, but not the drugs intended for use in an assisted suicide.