The last rites for states’ rights? Graveside struggles between states and congress over physician-assisted suicide

Abstract

While the Supreme Court has rejected arguments to nationalize a right to physician-assisted suicide (PAS), the Justices have encouraged states to debate the issue. Oregon has legalized PAS, and California—among others—has seriously considered a similar measure. Alarmed by such trends, Congress now debates legislation to nationalize a prohibition against PAS. This article analyzes the political and legal arguments surrounding the PAS debate, and aims, ultimately, to unravel mixed signals from Washington: a Supreme Court deferential to states and a Congress poised to supersede state judgments. Should the policy goals of Congress become law the graveside struggles between states and Congress will surely return to the Court. In light of recent federalism rulings, the Court will likely hold that Congress has unconstitutionally intruded into a policy matter reserved to states.

Acknowledgements

For his insight into this research then, and his oversight of it since, I am grateful to my life’s mentor, the late Professor Emeritus Karl A. Svenson, Department of Political Science, California State University, Fresno.