The Radical Bloc Emerges: John Roberts Sides With Scalia and Thomas in His First Dissent A remarkable thing happened today: by a 6-3 vote, the Supreme Court upheld Oregon's assisted suicide law in Gonzales v. Oregon. The Court failed to overturn a previous decision that declared that individuals lack the right to die. However, the holding of this case ensures that the Attorney General cannot unilaterally determine that assisted suicide is not a "legitimate medical purpose" in order to punish doctors following a state law. Justice Kennedy, the only remaining conservative on the court with a legitimate commitment to the rule of law, wrote that the "authority claimed by the attorney general is both beyond his expertise and incongruous with the statutory purposes and design." Ashcroft's stunning decision to expand his power was rejected and our nation is safer as a result of today's decision. The real story lies beyond this case. Chief Justice John Roberts took part in Scalia's dissent; Clarence Thomas dissented separately. I predicted that Roberts will be somewhere between Scalia and Thomas months ago as others tried to claim that he would not be as conservative. This opinion indicates Roberts' view that the executive has expansive power beyond that which the Founders contemplated. More disturbing opinions will result in the future. For now, Justice Kennedy is all that stands between the rule of law and absolute tyranny. We need to hope, pray and wish that the 5 legitimate Justices remain on the Court until a Democratic President can appoint successors. Otherwise the rule of law may be lost forever.