Assisted Suicide and Executive Power

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


Orin Kerr noticed this paragraph in Justice Kennedy’s majority opinion in Gonzales v. Oregon, the Oregon assisted-suicide case decided yesterday, which ruled against Ashcroft and Gonzales’ attempts to restrict Oregon’s assisted-suicide laws by prosecuting doctors involved:

[T]he Attorney General claims extraordinary authority. If the Attorney General’s argument were correct, his power . . . would be unrestrained. It would be anomalous for Congress to have so painstakingly described the Attorney General’s limited authority . . . but to have given him, just by implication, authority [over] an entire class of activity . . . .

Kennedy’s not a big fan of executive overreach, it would seem. He also adds: “The statutory terms. . . do not call on the Attorney General, or any other Executive official, to make an independent assessment of the meaning of federal law.” But that’s just the power the Bush administration has been claiming for itself over the past four years, especially with the president’s long series of “signing statements,” tacked on to bills as “independent assessment[s] of the meaning of federal law.” Right now, it seems, only Justices Scalia, Thomas, and Roberts are sympathetic to this argument—and one presumes we can add Samuel Alito if and when Congress confirms him.

Fact:

In-depth journalism that investigates the powerful takes real money and is so damn important right now.But it doesn’t take a Mother Jones investigation to know that billionaires and corporations will never fund the type of reporting (like they do politicians) we do that exists to help bring about change. Instead, our mission-driven journalism is made possible by people power, and has been for 46 years now since our founding as a non-profit.

In “TITLE TK” Monica Bauerlein writes about the perilous moment we’re in, and why it’s so important that we raise $325,000 by the time November’s midterms are decided so we can be ready to throw everything we have at the big issues facing the nation no matter what happens. Please help MoJo’s people-powered journalism with a donation today.

$400,000 to go!

payment methods

Fact:

In-depth journalism that investigates the powerful takes real money and is so damn important right now.But it doesn’t take a Mother Jones investigation to know that billionaires and corporations will never fund the type of reporting (like they do politicians) we do that exists to help bring about change. Instead, our mission-driven journalism is made possible by people power, and has been for 46 years now since our founding as a non-profit.

In “TITLE TK” Monica Bauerlein writes about the perilous moment we’re in, and why it’s so important that we raise $325,000 by the time November’s midterms are decided so we can be ready to throw everything we have at the big issues facing the nation no matter what happens. Please help MoJo’s people-powered journalism with a donation today.

$400,000 to go!

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate