At least we had Glucksberg ...

Rick beat me to posting about California's new assisted-suicide law.

It's kind of sad when the solace one takes in reading of such an unfortunate development is that the LA Times at least chose not to use the political language of "aid-in-dying" law that the newspaper had previously used. (Headline: "Governor sends aid-in-dying bill to Gov. Brown")  

Another form of solace in the category of "at least there's that" comes from the fact that this unfortunate change at least came through the appropriate political branches.

The judicial sensibility that brought us Washington v. Glucksberg was sound. When there's no law on a matter, the lawful decision is to decline to pretend there is. This may mean that the Court is unable to save us from ourselves, and we are stuck with laws we'd rather not have. But a Court that won't save us from ourselves when it can't do so lawfully is to be preferred to a Court anointed to save us even if that requires making up the law.

With the ascendancy of the Obergefell identity, we may not much longer enjoy the sting of an honest loss.