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stevenehrbarBetween the medical marijuana ruling and the assisted suicide ruling:
Scalia believes Congress could pass a ban on prescription of drugs for assisted suicide, just like it could on medical marijuana, and the Controlled Substances Act covers both of them. Roberts didn't rule on the medical marijuana case, but didn't join Thomas's separate dissent, just the Scalia-written one, which suggests he agrees with Scalia.
Ginsburg, Souter, Breyer, Kennedy, and Stevens all believe Congress has the authority to pass such a laws, but the Controlled Substances Act does not constitue such a law in the case of assisted suicide.
Thomas believes the Constitution doesn't grant Congress the power to ban either medical marijuana or assisted suicide drug presecription. However, as the majority held it could in the medical marijuana case, that's the binding precedent in this case, and the should-have-been-ruled-unconstitutional CSA allows the executive to enforce such a ban on assisted suicide drugs.
O'Connor believes the Constitution doesn't grant Congress the power to ban either medical marijuana or assisted suicide drug presecription, and that the CSA does not contain the language to constitute a ban on assisted suicide.
Scalia believes Congress could pass a ban on prescription of drugs for assisted suicide, just like it could on medical marijuana, and the Controlled Substances Act covers both of them. Roberts didn't rule on the medical marijuana case, but didn't join Thomas's separate dissent, just the Scalia-written one, which suggests he agrees with Scalia.
Ginsburg, Souter, Breyer, Kennedy, and Stevens all believe Congress has the authority to pass such a laws, but the Controlled Substances Act does not constitue such a law in the case of assisted suicide.
Thomas believes the Constitution doesn't grant Congress the power to ban either medical marijuana or assisted suicide drug presecription. However, as the majority held it could in the medical marijuana case, that's the binding precedent in this case, and the should-have-been-ruled-unconstitutional CSA allows the executive to enforce such a ban on assisted suicide drugs.
O'Connor believes the Constitution doesn't grant Congress the power to ban either medical marijuana or assisted suicide drug presecription, and that the CSA does not contain the language to constitute a ban on assisted suicide.
