The appeal is a turf battle of sorts, not a constitutional showdown. Former Attorney General John Ashcroft, a favorite among the president's base of religious conservatives, decided in 2001 to pursue doctors who help people die.

Hastening someone's death is an improper use of medication and violates federal drug laws, Ashcroft reasoned, an opposite conclusion than the one reached by Janet Reno, the Clinton administration attorney general.

Fundamentally an interesting case. This could go in any direction. The court has previously said this is not a "right" but that is not the same as saying the government has a compelling interest that justifies overriding the Oregon statute.