A federal appeals court upheld Oregon’s Death With Dignity Act on May 26, countering efforts by U.S. Attorney General John Ashcroft to stop doctors from prescribing lethal doses of medication to terminally ill patients.
The 2-1 ruling by the 9th U.S. Circuit Court of Appeals in San Francisco is the second decision against the “Ashcroft Directive,” which declares that physician-assisted suicide violates the Controlled Substances Act of 1970. The court found that Ashcroft exceeded his authority in issuing the directive.
The 2001 directive states that assisted suicide serves no “legitimate medical purpose” and violates the act’s clause prohibiting physicians from dispensing drugs without a legitimate purpose.
U.S. District Judge Robert Jones of Portland ruled against the directive in April 2002, issuing an injunction against enforcement of the directive and allowing assisted suicides to continue.
The 9th Circuit Court upheld the injunction, arguing that Ashcroft lacked congressional authority and that the directive violates the language of the Controlled Substances Act.
The Justice Department has 45 days to appeal the decision before a larger 9th Circuit Court panel or 90 days to petition the U.S. Supreme Court.
Oregon Attorney General Hardy Myers said the decision is a clear victory for Oregon and other states, ensuring their role as primary medial policymakers.
“Today’s ruling by the 9th Circuit Court of Appeals affirms my steadfast position that the states have independent authority to determine the scope of legitimate medical practice,” Myers said in a press release.
Scott Swenson, executive director of the Death With Dignity National Center, a Washington, D.C.-based advocacy group, said he was
“ecstatic” about the long-awaited ruling.
“It’s a very strong ruling and a clear rebuke of Attorney General John Ashcroft’s attempt to overturn the will of Oregon voters,” he said.
He said the decision will help legitimize assisted suicide in other areas.
“This decision, coupled with the excellent data from Oregon, means that I think we’re closer to having a second state (allow assisted suicide) than we’ve ever been,” he said. “This is clearly an example where the people are ahead of the politicians.”
Swenson said the court battle for assisted suicide is not finished, although he is confident his cause “will prevail.”
“We fully suspect they will appeal,” he said.
He also said Congress may step in at any time to decide the issue.
“What’s most important, especially for Oregonians to understand, is that this fight isn’t over,” he said. “We want Oregonians to be ever-vigilant.”
Dr. Glenn Gordon of Eugene, a semi-retired general surgeon who has practiced for nearly 50 years, said assisted suicide has been “very successful.” Gordon said he has witnessed many patients die of illnesses without the ability to end their own lives.
“I know that many of those patients would have liked to have this option,” he said. “It became apparent to me that this was something that was desirable.”
Gordon said the ruling will be a relief to physicians. He also said the ruling may help clear the way for assisted suicide in other states.
“We all feel better knowing that the will of the people has been recognized,” he said. “Mr. Ashcroft is trying to impose his own moral code on the rest of the country.”
Kevin Neely, a spokesman for Myers, said the ruling will allow doctors to participate in assisted suicide without worrying about breaking federal law.
“The most fundamental aspect of the ruling is that it permits physicians and pharmacists to prescribe life-ending medication without fear of retribution from the federal government,” he said.
Neely said the chances of an appeal by the Justice Department are “probably even-money.”
“If they choose to appeal this, we’ll continue to vigorously defend Oregon’s law,” he said.
He emphasized that the significance of the decision extends beyond assisted suicide.
“This issue is bigger than physician-assisted suicide,” he said. “This victory sends a signal to the federal government that (regulating medical practice) has been, is and will be the responsibility of individual states.”
However, some people have expressed opposition to assisted suicide.
Father Reginald Martin, associate pastor at the St. Thomas More Newman Center near the University, said he opposes assisted suicide.
“I think it’s appalling,” he said. “This is completely antithetical to everything doctors are supposed to do.”
Martin said a federal law should prohibit assisted suicide, although he feels the idea of assisted suicide itself should not even be an issue.
“The whole notion just strikes me as nothing short of inhuman,” he said.