[LibertarianInExile]

Why does he make you want to barf?

I think Roberts will be declaring with his vote on this issue whether he is really a strict constructionist or simply an authoritarian conservative. And I'm wondering whether the Court will delay the release of the opinion until after Miers' confirmation hearings.

[conservativebabe]

Mainly because he is a liberal hack. Of course, being from my local paper, I would know that and you would not.

You are right though about Roberts and whether or not he will turn out to be a strict constructionalist.

[AndyJackson]

So, given that about 10 constitutional principles collide in this one, which do you think is the position that a "strict construtionist" should take?

[krshnbrn]

whether he is really a strict constructionist or simply an authoritarian conservative.

The federal role in the matter is clearly not in the Constitution. Of course, the new right doesn't seem to mind that much if the judicial activism is in their supposed best interest.

[ModelBreaker]

I think Roberts will be declaring with his vote on this issue whether he is really a strict constructionist or simply an authoritarian conservative. And I'm wondering whether the Court will delay the release of the opinion until after Miers' confirmation hearings.

Generally, I agree with you that this case will tell us a lot about Roberts. You do miss one alternative though, the third alternative is minimalist. That is, there are so many years of bad law on the commerce clause, he's not going to try to reverse all of them in his first case.

Even if he is a minimalist, I would like to see some expression of concern about the commerce clause issue. If he's not even concerned about it, he's a clunker and Bush is 0 for 1.

[nickcarraway]

The problem with the Oregon law, is they are getting doctors involved and it's going to have impact all around the country. I don't understand what's libertarian about people who want to kill themselves forcing the government to get involved. How many terminally ill people were prosecuted for suicide before this law went into effect. But now we are manipulated into a position were doctors get to decide which patients are qualified to live. (which they eventually do under these laws) When universal healthcare gets here, gov't doctors get to decide if I'm worthy of life, and you call that liberty?

[bvw]

Life is a strict constructionist issue. No one may take it, not even the self. Suicide and murder are by the Founder's view illegal -- even in the days of lifetime slavery and offspring slaves too, a slaveowner could not "off" his unproductive feeder.

[Ann Archy]

Ahem....it's not SUICIDE if someone HELPS you......then it's MURDER.

If you want to off yourself, go for it....no one is stopping you.

I'm pretty sure that you don't want any drug laws either, as most libertarians don't.