gonzales
attorney
general
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argued
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alia
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kennedy
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stevens
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ginsburg
breyer
joined
scalia
filed
dissenting
opinion
roberts
thomas
joined
thomas
filed
dissenting
opinion
alberto
gonzales
attorney
general
et
petitioners
oregon
et
al
writ
certiorari
appeals
ninth
circuit
january
justice
kennedy
delivered
opinion
question
us
whether
controlled
substances
act
allows
attorney
general
prohibit
doctors
prescribing
regulated
drugs
use
suicide
notwithstanding
state
law
permitting
procedure
observed
americans
engaged
earnest
profound
debate
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legality
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suicide
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glucksberg
dispute
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amended
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general
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general
may
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suspend
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registration
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general
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physicians
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human
services
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human
seventh
annual
report
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congress
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registration
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physicians
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suicide
contended
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patient
death
legitimate
medical
practice
prescribing
controlled
substances
purpose
violates
csa
letter
orrin
hatch
henry
hyde
thomas
constantine
july
reprinted
hearings
senate
committee
judiciary
hereinafter
hearings
letter
received
initial
favorable
response
director
dea
see
letter
thomas
constantine
orrin
hatch
hearings
attorney
general
reno
considered
matter
concluded
dea
take
proposed
action
csa
authorize
displace
primary
regulators
medical
profession
override
state
determination
constitutes
legitimate
medical
practice
letter
attorney
general
janet
reno
orrin
hatch
oregon
death
dignity
act
june
hearings
legislation
introduced
grant
explicit
authority
attorney
general
reno
found
lacking
failed
pass
see
sess
sess
john
ashcroft
appointed
attorney
general
perhaps
ashcroft
supported
efforts
curtail
assisted
suicide
serving
senator
see
cong
rec
remarks
ashcroft
oregon
attorney
general
hardy
myers
wrote
request
meeting
department
justice
officials
department
decide
revisit
application
csa
assisted
suicide
letter
app
brief
opposition
attorney
general
myers
received
reply
letter
one
attorney
general
ashcroft
advisers
writing
behalf
stated
aware
pending
legislation
congress
prompt
review
department
interpretation
csa
relates
suicide
review
commenced
future
happy
include
views
review
letter
lori
sharpe
apr
november
without
consulting
oregon
apparently
anyone
outside
department
attorney
general
issued
interpretive
rule
announcing
intent
restrict
use
controlled
substances
suicide
incorporating
legal
analysis
memorandum
solicited
office
legal
counsel
attorney
general
ruled
assisting
suicide
medical
purpose
within
meaning
cfr
prescribing
dispensing
administering
federally
controlled
substances
assist
suicide
violates
controlled
substances
act
conduct
physician
registered
dispense
controlled
substances
may
registration
inconsistent
public
interest
therefore
subject
possible
suspension
revocation
attorney
general
conclusion
applies
regardless
whether
state
law
authorizes
permits
conduct
practitioners
others
regardless
condition
person
whose
suicide
assisted
fed
reg
little
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contend
petitioners
dispute
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ii
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severe
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practice
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without
valid
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furthermore
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see
supp
ii
moore
response
state
oregon
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terminally
ill
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entered
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panel
appeals
ninth
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oregon
ashcroft
reasoned
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procedure
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law
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offense
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quoting
gregory
ashcroft
turn
quoting
atascadero
state
hospital
scanlon
appeals
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alternative
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squared
plain
language
csa
targets
conventional
drug
abuse
excludes
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general
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policy
granted
government
petition
certiorari
ii
executive
actors
often
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virtually
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ama
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washington
glucksberg
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northwestern
bell
telephone
scheduling
provisions
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relies
confirm
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design
ante
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asserts
making
scheduling
determinations
attorney
general
must
consider
drug
psychic
physiological
dependence
liability
points
ante
citing
must
also
consider
broad
factors
state
current
scientific
knowledge
regarding
drug
substance
notably
hat
risk
public
health
latter
factor
limited
health
risks
supposes
redundant
moreover
making
registration
determinations
regarding
manufacturers
distributors
attorney
general
shall
consider
factors
may
relevant
consistent
public
health
safety
emphasis
added
risk
diversion
controlled
substances
relevant
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deregistering
physicians
attorney
general
may
deny
application
registration
determines
issuance
registration
inconsistent
public
interest
see
also
making
determination
shall
consider
uch
conduct
may
threaten
public
health
safety
provisions
selectively
cited
shed
light
upon
csa
repeated
references
undefined
term
abuse
see
disregarding
objectives
limiting
csa
addiction
recreational
abuse
rules
prohibition
use
bodybuilding
purposes
seeks
avoid
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invoking
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steroids
control
act
stat
ante
effect
legislation
make
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steroids
controlled
drugs
schedule
iii
csa
basis
control
says
addiction
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abuse
dispensation
drugs
bodybuilding
proscribed
although
described
opinion
defers
state
law
directive
relies
two
provisions
conclusion
structure
operation
csa
presume
rely
upon
functioning
medical
profession
regulated
police
powers
ante
namely
registration
provisions
provision
reliance
former
particularly
unfortunate
analysis
recounts
congress
amended
order
liberate
attorney
general
power
registration
control
state
regulators
see
ante
see
also
brief
petitioners
clause
embarrassingly
inapplicable
since
merely
disclaims
field
affirmatively
prescribes
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whenever
state
law
creates
event
directive
purport
state
law
way
even
conflict
unless
misimpression
require
assisted
suicide
directive
merely
interprets
csa
prohibit
like
countless
federal
criminal
provisions
conduct
happens
forbidden
state
law
least
law
state
oregon
regard
csa
registration
provisions
argues
statute
fairly
read
elephants
delegating
attorney
general
power
determine
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medical
practices
terms
ancillary
provisions
ante
quoting
whitman
american
trucking
case
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remotest
resemblance
whitman
held
congress
alter
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details
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scheme
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terms
ancillary
provisions
ibid
emphasis
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attorney
general
power
issue
regulations
questionable
uses
controlled
substances
way
alters
fundamental
details
csa
aware
four
areas
department
justice
exercised
power
regulate
uses
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substances
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addiction
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suicide
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general
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power
address
forms
drug
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central
features
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scheme
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critical
analysis
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language
provision
bear
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respondents
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give
see
reasons
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provision
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incorporate
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standard
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medical
finally
respondents
argue
attorney
general
must
defer
judgments
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legitimate
medicine
ground
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must
speak
clearly
impose
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upon
line
cases
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canon
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apply
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push
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commerce
power
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agency
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cty
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engineers
regulation
isolated
ponds
sullivan
regulation
labeling
drugs
shipped
interstate
commerce
impinge
core
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state
sovereignty
cf
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state
hospital
scanlon
sovereign
immunity
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ashcroft
qualifications
state
government
officials
rule
based
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apply
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state
law
cf
rush
prudential
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moran
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statement
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upon
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trust
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regulation
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property
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government
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dispensation
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see
generally
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defense
fund
et
al
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curiae
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general
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authorities
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laws
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substances
attorney
general
rely
solely
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conclusion
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interest
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text
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general
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interest
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health
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exclude
assisted
suicide
three
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phrases
upon
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general
first
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general
solely
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making
criteria
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ambiguous
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interest
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health
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general
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general
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control
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substances
emphasis
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refers
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substances
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general
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remotely
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specific
areas
medical
determinations
said
binding
attorney
general
regard
scientific
medical
evaluation
drug
effects
precedes
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practice
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treatment
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addiction
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classes
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ed
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interpretive
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general
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secretary
rather
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general
control
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physicians
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think
congress
evidently
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attorney
general
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make
judgments
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practices
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get
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law
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words
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intelligent
design
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give
nation
chief
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chief
health
official
broad
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standards
govern
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contested
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medical
judgment
issue
legitimacy
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medicine
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value
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upon
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ante
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infanticide
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inquiry
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traditions
western
medicine
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subject
see
olc
memo
app
pet
cert
secretary
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medical
expertise
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judgments
ante
strikingly
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reasons
even
csa
grants
attorney
general
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purport
exercise
authority
undertake
analysis
face
purport
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registration
provision
ante
emphasis
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reasoning
sophistic
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indeed
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general
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appl
registration
provision
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context
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enforcement
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general
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clarify
interpretation
five
factors
signal
apply
future
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directive
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terms
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physician
may
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interest
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reg
emphasis
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general
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interest
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health
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chevron
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health
safety
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interest
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chevron
latter
point
fact
condemnation
assisted
suicide
american
jurisdictions
supports
attorney
general
view
attorney
general
may
therefore
weigh
physician
participation
assisted
suicide
factor
counseling
registration
favor
deregistration
concluding
contrary
merely
presents
conclusory
assertion
doubtful
attorney
general
cite
interest
health
deregister
physician
simply
deemed
controversial
practice
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state
law
illegitimate
medical
purpose
ante
earth
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interest
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general
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interest
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congressionally
conferred
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powers
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see
national
broadcasting
public
interest
new
york
central
securities
see
also
mistretta
scalia
dissenting
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namely
suicide
legitimate
medical
purpose
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agency
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interpretation
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two
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prescribing
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drugs
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suicide
violates
csa
conduct
also
inconsistent
public
interest
inevitable
consequences
first
conclusion
moreover
third
conclusion
standing
alone
one
attorney
general
authorized
make
decision
today
perhaps
driven
feeling
subject
assisted
suicide
none
federal
government
business
easy
sympathize
position
prohibition
deterrence
assisted
suicide
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among
enumerated
powers
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within
realm
public
morality
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power
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use
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drug
addiction
among
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powers
early
time
national
history
federal
government
used
enumerated
powers
power
regulate
interstate
commerce
purpose
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public
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example
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shipment
lottery
tickets
interstate
transport
women
immoral
purposes
see
hoke
lottery
case
unless
repudiate
long
principle
jurisprudence
using
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commerce
power
prevent
assisted
suicide
unquestionably
permissible
question
us
whether
congress
even
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congress
simply
whether
congress
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csa
think
doubt
term
legitimate
medical
purpose
meaning
surely
excludes
prescription
drugs
produce
death
reasons
respectfully
dissent
judgment
alberto
gonzales
attorney
general
et
petitioners
oregon
et
al
writ
certiorari
appeals
ninth
circuit
january
justice
thomas
dissenting
angel
raich
diane
monson
challenged
application
controlled
substances
act
csa
et
purely
intrastate
possession
marijuana
medical
use
authorized
california
law
majority
mere
seven
months
ago
determined
csa
effectively
invalidated
california
law
csa
comprehensive
regulatory
regime
specifically
designed
regulate
controlled
substances
utilized
medicinal
purposes
manner
gonzales
raich
slip
emphasis
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majority
employed
unambiguous
language
concluding
manner
controlled
substances
utilized
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purposes
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core
activities
regulated
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slip
described
csa
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distribution
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substances
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medical
purpose
order
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use
medications
prevent
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slip
today
majority
beats
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retreat
conclusions
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regulation
broadly
requires
prescriptions
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legitimate
medical
purpose
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regulation
recognized
raich
part
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government
closed
system
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manner
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substances
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majority
rejects
attorney
general
admittedly
least
reasonable
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controlled
substances
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patient
death
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purpose
majority
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practice
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doctors
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powers
means
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drug
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ante
words
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broad
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scope
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use
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substances
today
concludes
csa
merely
concerned
fighting
insofar
abuse
leads
addiction
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effects
nervous
system
ante
majority
newfound
understanding
csa
statute
limited
reach
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rests
upon
constitutional
principles
majority
rejected
raich
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police
powers
define
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law
protect
health
safety
welfare
citizens
slip
raich
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concluded
csa
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intrastate
possession
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medicinal
purposes
authorized
california
law
congress
rationally
concluded
application
necessary
regulation
larger
interstate
marijuana
market
slip
contrast
majority
restrictive
interpretation
csa
based
small
part
structure
limitations
federalism
allow
great
latitude
police
powers
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protection
lives
limbs
health
comfort
quiet
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ante
quoting
medtronic
lohr
turn
quoting
metropolitan
life
ins
massachusetts
according
majority
background
principles
federal
system
belie
notion
congress
use
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grant
authority
regulate
areas
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supervised
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power
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course
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csa
grant
authority
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general
ante
scalia
dissenting
attorney
general
conclusion
csa
prohibits
authorizing
physician
assisted
suicide
admittedly
least
reasonable
ante
opinion
therefore
entitled
deference
ante
scalia
dissenting
scope
csa
attorney
general
power
thereunder
sweeping
perhaps
troubling
expansive
federal
legislation
broad
grants
authority
administrative
agencies
merely
inevitable
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consequence
commerce
clause
jurisprudence
see
raich
supra
whitman
american
trucking
agree
limiting
applications
csa
manner
consistent
principles
federalism
constitutional
structure
raich
supra
thomas
dissenting
cf
whitman
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concurring
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concerns
broad
delegations
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agencies
water
dam
relevance
considerations
zenith
raich
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whether
csa
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possession
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substance
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limited
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powers
enumerated
constitution
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relevance
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interpretation
extent
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power
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language
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framework
majority
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safety
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raich
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reliance
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uses
see
mississippi
band
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indians
holyfield
start
general
assumption
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plain
indication
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congress
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statute
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act
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state
law
internal
quotation
marks
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place
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uses
phrase
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orders
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attorney
general
pursuant
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argues
word
control
gives
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general
authority
define
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based
view
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medical
practice
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general
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phrase
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purpose
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see
chevron
natural
resources
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council
course
effectively
concedes
two
pages
earlier
agree
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