It isn't looking hopeful so far folks. The Washington Post is reporting that Roberts' questioning suggests that he might be opposed to 'states-rights' when it comes to end-of-life issues.
From his line of questioning (below the fold) it looks like we can also guess at his thinking about medical marijuana regulation by the states.
Link to WaPo article:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2005/10/06/MNGAHF32R81.DTL&hw=roberts&sn=00
1&sc=1000
Link to Supreme Court exerpts:
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2005/10/05/national/w155409D33.DTL&hw=roberts&a
mp;sn=003&sc=546
Here are some of the money exerpts that may enlighten us to his thinking:
ROBERTS: What does that do to the effectiveness of regulation under the Controlled Substances Act? If one State can say it's legal for doctors to prescribe morphine to make people feel better, or to prescribe steroids for bodybuilding, doesn't that undermine the uniformity of the Federal law and make enforcement impossible?
ATKINSON: I don't believe it does, Mr. Chief Justice. In the first instance, we think the U.S. attorney general's claim of uniformity is overstated. We think it's clear from the text of the statute that Congress intended to leave the definition of what is, or is not, a legitimate medical practice in the hands of the states.
ROBERTS: Well, that may or may not be true. But focus on the particular question. If you have one state that allows the use of a drug that the Federal Government has determined is illegal, and is illegal everywhere else because other states haven't done it, how is the Federal Government supposed to enforce that prohibition?
ATKINSON: Well, I don't think the Federal Government is supposed to enforce that prohibition if the prohibition -- if we're dealing with a schedule 2, 3, or 4 or 5 substance ...
ROBERTS: I'm trying to get at the specific enforcement point. If you have one state that allows morphine to be used legally for recreational purposes, how is the Federal Government supposed to enforce the prohibition on that elsewhere?
I sure hope he reveals himself before the Miers vote!