Mercury News

The John Roberts era began Wednesday with the Supreme Court taking on two of the nation's thorniest issues in one fell swoop: assisted suicide and the extent of states' rights.

It was no surprise three years ago when then-Attorney General John Ashcroft went after Oregon's 1994 Death With Dignity Act as part of the Bush administration's right-to-life agenda. But the challenge represents a conflict for conservatives, since it tramples states' traditional rights to regulate medical issues.

The Supreme Court in 1997 left the door open for states, in the words of Justice David Souter, to be free to experiment and permit doctor-assisted suicide if they so choose. The Court should reaffirm states' rights on this issue. The Oregon experiment, both humane and responsible, has presented no reason for federal intervention.

The Bush administration's actions already have had an unfortunate chilling effect on assisted-suicide legislation elsewhere, including California. For example, Ashcroft threatened to prosecute doctors who prescribe drugs used in assisted suicides. Despite two polls in the past two years showing strong support for an assisted-suicide law here, the state has yet to pass legislation.

Assisted suicide should be permitted only under the narrowest of circumstances, and Oregon's law sets a high standard. Patients must administer the drugs themselves and can do so only after receiving assurances from more than one doctor that death is imminent.

Fewer than 200 people over the past six years have used it, one-seventh of 1 percent of all deaths in the state. Yet residents feel comfort in knowing it's an option. Oregon voters have twice approved the act, believing that the terminally ill should have the right to die with dignity rather than in excruciating pain.

Experienced caregivers understand that in a small percentage of cases, even the strongest pain medication is ineffective for the terminally ill. In those rare instances, the Supreme Court should not interfere with states' ability to grant patients the right to die in peace.