Oregon Attorney General Hardy Myers filed a petition in U.S District Court Wednesday for an injunction against the new stance on Oregon’s assisted suicide law taken by the Bush administration.
The action comes hot on the heels of Attorney General John Ashcroft’s memo released Tuesday that effectively overturns the only assisted suicide law in the nation. The law allows doctors to prescribe a deadly dose of pain medication to patients who are suffering from a terminal illness, but the Attorney General’s new stance prohibits doctors from prescribing federally controlled medication in lethal doses. In addition, the Drug Enforcement Agency is directed to determine if doctors are violating this prohibition. The memo does not outline how the DEA will carry this out.
“We’ve filed a temporary restraining order that will allow physicians in the state to continue following state law,” said Kevin Neely, spokesman for Myers. He added the case may go all the way to the Supreme Court. “We will seek to resolve this at the highest level we can.”
Congressional representatives from Oregon unanimously condemned Ashcroft’s decision.
“I wish that the administration would focus on the security of all Americans at this critical time, rather than picking a fight with Oregonians on such a divisive issue,” said Rep. Earl Blumenauer, D-Portland.
Rep. Darlene Hooley, D-Salem, also voiced concerns about the timing of the ruling.
“The Justice Department has more important duties than turning doctors who abide by state law into criminals,” Hooley said.
Barring court action, the new memo will go into effect as soon as it’s published in the Federal Register, said Pete Sheppard, Oregon’s deputy attorney general.
A hearing on a temporary injunction is scheduled for 2 p.m. today.
“At this point we are advising physicians and patients to comply with the (new ruling on the) law,” said George Eighmey, executive director of Compassion in Dying of Oregon, a group that advocates physician-assisted suicide.
“Ashcroft has basically stated that, ‘I’m not going to put you in jail, I’m just going to destroy your livelihood,’” Eighmey said.
It’s unclear right now how the Department of Justice will enforce the new ruling. Doctors have a way of getting around the ruling; they are currently required to file a form with Oregon Health Services whenever they prescribe federally controlled medication, including medications used for physician assisted suicide. But confidentiality laws may prohibit the Justice Department from getting that information without a subpoena, giving doctors a loophole.
“(Doctors) have to state their intent,” said Dr. Greg Hamilton, president of Physicians for Compassionate Care, a right to life group. He said that the law requiring physicians to list federally controlled medication is entirely
reasonable.
Oregon Death With Dignity, the group that supported the passage of the controversial state law, also wants to stop Ashcroft. Their lawyer will submit the group’s case for an injunction today at noon at the U.S. Courthouse in Portland.
“The people of Oregon are well represented in the case introduced by Attorney General Myers,” said Scott Swenson spokesman for ODWD.
John Lysaker, assistant professor of philosophy at the University, agreed that the issue fundamentally centers on democratic freedoms.
“We can debate the morality of physician assisted suicide,” he said, “but the administration is forcing a moral agenda upon the state of Oregon.”
Rep. Peter DeFazio, D-Eugene, agreed.
“This is an outrageous infringement on states’ rights,” DeFazio said. “Doctors will underprescribe pain medication for terminally ill patients.”
Hamilton, the compassionate care advocate, disagreed with that assertion.
“That’s an ill-informed and unfounded statement,” Hamilton said. “The DEA is not looking at pursuing physicians (who are simply prescribing pain medication).”