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Cite as: 546 U. S. 243 (2006)
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Syllabus allocation of powers for enforcing the CSA’s limited objectives. The Government’s contention that the terms “medical” or “medicine” refer to a healing or curative art, and thus cannot embrace the intentional hastening of a patient’s death, rests on a reading of 21 U. S. C. § 829(a)’s prescription requirement without the illumination of the rest of the stat ute. Viewed in context, that requirement is better understood as en suring that patients use controlled substances under a doctor’s super vision so as to prevent addiction and recreational abuse. To read prescriptions for assisted suicide as “drug abuse” under the CSA is dis cordant with the phrase’s consistent use throughout the Act, not to men tion its ordinary meaning. The Government’s interpretation of the pre scription requirement also fails under the objection that the Attorney General is an unlikely recipient of such broad authority, given the Secre tary’s primacy in shaping medical policy under the CSA and the Act’s otherwise careful allocation of decisionmaking powers. Pp. 269–275. 368 F. 3d 1118, affirmed. Kennedy, J., delivered the opinion of the Court, in which Stevens, O’Connor, Souter, Ginsburg, and Breyer, JJ., joined. Scalia, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas, J., joined, post, p. 275. Thomas, J., filed a dissenting opinion, post, p. 299.
Solicitor General Clement argued the cause for petition ers. With him on the briefs were Assistant Attorney Gen eral Keisler, Deputy Solicitor General Kneedler, Deputy Assistant Attorney General Katsas, Douglas HallwardDriemeier, Mark B. Stern, and Jonathan H. Levy. Robert M. Atkinson, Senior Assistant Attorney General of Oregon, argued the cause for respondents. With him on the brief for respondent State of Oregon were Hardy Myers, At torney General, Peter Shepherd, Deputy Attorney General, and Mary H. Williams, Solicitor General. Nicholas W. van Aelstyn, Aaron S. Jacobs, and Kathryn L. Tucker filed a brief for Patient-Respondents. Eli D. Stutsman filed a brief for respondents Peter A. Rasmussen, M. D., et al.*
- Briefs of amici curiae urging reversal were filed for the American
Center for Law and Justice by Jay Alan Sekulow, Colby M. May, James M. Henderson, Sr., Walter M. Weber, Thomas P. Monaghan, and Charles E. Rice; for Americans United for Life by Nikolas T. Nikas; for the Catho
