Sen. Gordon Smith, R-Ore., says he still disagrees with his state’s assisted-suicide law, but will not take part in any potential Senate effort to stop it.
The Supreme Court cleared the Oregon law on Tuesday, ruling 6-3 that former Attorney General John Ashcroft exceeded his authority when he declared that assisted suicide was not a “legitimate medical purpose” of federally controlled painkillers.
Smith issued a brief statement Tuesday, saying Congress should accept the ruling as the final word on the Oregon law. He was unavailable for further comment that day, but elaborated on his position in an interview with The Oregonian later in the week.
“There comes a time when you have to simply say, it is over,”
Smith told the newspaper. “I hope Oregonians understand that for me the issue of suicide has become extremely personally painful. And I really don’t have much more to say about it.”
Smith was referring to the death of his eldest son, who took his own life in 2003.
The circumstances leading to Garrett Smith’s death have little in common with those faced by people affected by the Oregon law. Garrett had depression for several years before committing suicide a day before his 22nd birthday. The Oregon law was written for patients diagnosed with less than six months to live.
Smith says he still sees suicide as the wrong solution to any ailment.
“I have always and still believe that suicide is not a remedy for psychological or physical pain,” Smith said. “But I’m in the minority on that.”
Despite his personal views, Smith added, he feels compelled to abide by the court’s ruling. “I respect our legal processes and believe in obedience to law. This law is now fully tested and constitutional. Case closed.”
Some opponents of the Oregon law complained that Smith’s stance could jeopardize a chance to advance the anti-abortion agenda in Congress.
Because the Supreme Court ruling addressed a narrow question of administrative authority, it invites a legislative remedy that would close any questions about federal authority over use of painkillers, they said.
“Senator Smith would do well to act as we did and read the decision before commenting on it,” said Richard Doerflinger of the U.S.
Conference of Catholic Bishops. “As with other ‘statutory construction’ rulings, this decision leaves Congress itself free to decide what its laws mean.”
Opponents almost blocked Oregon’s law several years ago, thanks largely to Smith’s support. Social conservatives back then drafted a bill called the Pain Relief Promotion Act that would have prohibited doctors from prescribing lethal doses of federally controlled painkillers for terminally ill patients.
The bill stalled when Sen. Ron Wyden, D-Ore., threatened a filibuster. Wyden said recently that the likelihood of similar legislation succeeding this year is minimal.
Many senators, he said, are still reeling from public backlash to Congress’ interference in the case of Terry Schiavo, the incapacitated Florida woman who died after her feeding tube was removed.