Administrative Law—Attorney General Directive Prohibiting Use of Controlled Substances for Physician-Assisted Suicide Invalid—Gonzales v. Oregon, 126 S. Ct. 904 (2006)

In 1970, Congress enacted the Controlled Substances Act (CSA) to combat drug abuse and to control both the legitimate and illegitimate trafficking of controlled substances.  Under the CSA, the United States Attorney General has the power to revoke a physician’s authority to administer controlled substances.  In Gonzales v. Oregon, the United States Supreme Court considered whether an interpretive rule issued by the Attorney General exceeded the scope of the Attorney General’s authority under the CSA.  The Attorney General’s interpretive rule defined “legitimate medical purpose” narrowly to prohibit the use of controlled substances for physician-assisted suicide.  The Court invalidated the rule, concluding that the CSA does not authorize the United States Attorney General to make determinations of legitimate medical practice or to prohibit medical acts permitted under state law. . . .