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Napolitano - President Personally Interested In Right To Die Case & The Reason He Nominated Harriet Miers

Reported by Donna - October 5, 2005

Today on Studio B with Shepard Smith he spoke with Fox Senior Legal Analyst, Judge Andrew Napolitano regarding the Oregon assisted suicide case that is presently before the Supreme Court of the U.S.

Napolitano explained that Oregon says that the state has the right to regulate medicine, therefore they are not regulated by the Federal Government, which doesn't have a federal statute or a law by Congress against it, only a letter from former Attorney General, John Ashcroft. Plus, he noted, that Oregon voters have voted for it twice.

Napolitano said from the questions being asked, it seemed to him, although sometimes it's hard to tell, that Justice John Roberts and Justice Sandra Day O'Connor seemed to disagree. He seems to think that O'Connor would serve as a swing vote to approve the Oregon law.

However, the conversation came around to Harriet Miers, who might be on the bench instead of O'Connor when the decision comes down. Napolitano said that if it came to a 4 - 4 decision he thought O'Connor (if she was still on the bench) would vote for Oregon. However, if Harriet Miers was on the bench and it was a 4 - 4 tie, the case would have to be reheard and Miers would become the swing vote.

Napolitano added that the president is personally interested in this case and that is why he nominated Harriet Miers to the bench, to solve these problems.


Comments: What problems? That people want to die with dignity? Is Napolitano saying that Miers would vote against Oregon's right to die law? I mean, the president saying, this is a problem, he has a personal interest in the case and that's why he nominated Miers. Smith seems to hint at this as he brought up once again today, that Miers was an Evangelical Christian. Does state law trump a letter from the former Attorney General? Lots of questions, not a lot of answers, only hints.

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