Tuesday, February 22, 2005
The Supreme Court to hear challenge to Oregon's Death With Dignity Act
State's right under attack by zealots
Oregon voters' enlightened measure to allow terminally ill patients the right to seek medical assistance in executing end of life decision has been under attack from various conservative groups ever since it was enacted in 1997.
The Bush administration took special interest in it and former Attorney Genral Ashcroft zealously pursued steps to nullify the act. The Justice Department took the tack that use of Federally controlled drugs by physicians to comply with the desire of patients seeking assistance under the Death With Dignity Act violated Controlled Substances Act.
The appeal against lower court ruling in support of the act was filed by the attorney general in November 2004--on the day his resignation was announced by the White House. Now, the case (Gonzales vs. Oregon 04-623) will be heard by the Supreme Court. It would be interesting to see how the justices deal with it.
In issuing ruling against the original suit filed by the Justice Department, Judge Richard Tallman of the 9th Circuit Court of Appeals stated: "The federal drug control law "was enacted to combat drug abuse,.........." "The attorney general's unilateral attempt to regulate general medical practices historically entrusted to state lawmakers interferes with the democratic debate about physician-assisted suicide and far exceeds the scope of his authority." Judge Tallman further stated that the attorney general was seeking to "alter the usual constitutional balance between the states and the federal government."
The Supreme Court will decide whether Congress could override a State's right to allow assisted suicide. Based on the current make up of the court, at least three justices (Rehnquist, Scalia, and Thomas) are almost certain to be on the side of the Bush administration. This is a case where the so called "swing vote" would be a crucial factor in a 5:4 decision.
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"A dying man needs to die, as a sleepy man needs to sleep, and there comes a time when it is wrong, as well as useless, to resist."
---Stewart Alsop
Oregon voters' enlightened measure to allow terminally ill patients the right to seek medical assistance in executing end of life decision has been under attack from various conservative groups ever since it was enacted in 1997.
The Bush administration took special interest in it and former Attorney Genral Ashcroft zealously pursued steps to nullify the act. The Justice Department took the tack that use of Federally controlled drugs by physicians to comply with the desire of patients seeking assistance under the Death With Dignity Act violated Controlled Substances Act.
The appeal against lower court ruling in support of the act was filed by the attorney general in November 2004--on the day his resignation was announced by the White House. Now, the case (Gonzales vs. Oregon 04-623) will be heard by the Supreme Court. It would be interesting to see how the justices deal with it.
In issuing ruling against the original suit filed by the Justice Department, Judge Richard Tallman of the 9th Circuit Court of Appeals stated: "The federal drug control law "was enacted to combat drug abuse,.........." "The attorney general's unilateral attempt to regulate general medical practices historically entrusted to state lawmakers interferes with the democratic debate about physician-assisted suicide and far exceeds the scope of his authority." Judge Tallman further stated that the attorney general was seeking to "alter the usual constitutional balance between the states and the federal government."
The Supreme Court will decide whether Congress could override a State's right to allow assisted suicide. Based on the current make up of the court, at least three justices (Rehnquist, Scalia, and Thomas) are almost certain to be on the side of the Bush administration. This is a case where the so called "swing vote" would be a crucial factor in a 5:4 decision.
"A dying man needs to die, as a sleepy man needs to sleep, and there comes a time when it is wrong, as well as useless, to resist."
---Stewart Alsop
