Conservative
Groups Challenge Physician-Assisted Suicide
By Lawrence Morahan
CNSNews.com Senior Staff Writer
October 03, 2002
(CNSNews.com)
- Conservative groups this week filed legal briefs supporting
U.S. Attorney General John Ashcroft's effort to give federal
prosecutors the authority to prosecute doctors in Oregon who
assist terminally ill patients to take their own lives.
The
American Center for Law and Justice (ACLJ) and the Christian
Medical Association (CMA) filed friend of the court briefs
with the 9th U.S. Circuit Court of Appeals to support Ashcroft's
efforts to stop prescriptions of drugs for physician-assisted
suicides.
Dr.
David Stevens, executive director of the CMA, said one of
his main concerns was that the Oregon law would open the door
to abuses of patients by profit-driven HMOs, which he said
undermined patient health and safety in the process of slashing
costs.
"I
think [it] is going to be one of the things that is going
to move us more towards this kind of 'culture of death' with
physician assisted suicide," he said.
Jay
Sekulow, chief counsel of the ACLJ, said Ashcroft's position
was "legally correct and constitutionally sound."
"This
is a critical case that centers on the defense of human life
- a case that focuses on the federal government's right to
legally prohibit physicians from prescribing life-ending medication
to assist patients [who] commit suicide," Sekulow said
in a statement.
At
issue is the "Death With Dignity Act," a measure
twice approved by Oregon voters that allows doctors to help
patients who are judged to have less than six months to live
to request a lethal dose of drugs to end their lives.
According
to the law, two doctors have to confirm that the patient is
terminally ill and mentally competent to make the request.
Since it went into effect in 1998, 91 Oregon residents have
used the law to end their lives.
Ashcroft
invoked the Controlled Substance Act, a federal law that declares
what drugs doctors may prescribe, to prevent Oregon doctors
from prescribing lethal drugs to terminally ill patients.
Doctors
who write prescriptions for anything other than a "legitimate
medical purpose" would lose their federal license to
write prescriptions for federally controlled substances, Ashcroft
said. Assisting in suicide is not a "legitimate medical
purpose," he said.
In
April, a federal judge in Portland, Ore., blocked the Justice
Department from using the Controlled Substance Act in this
case. Ashcroft is now appealing that ruling in a federal appeals
court in San Francisco.
Michael
Schwartz, vice president of government relations with Concerned
Women for America, said what is at stake is not only the question
of whether doctors can kill patients, but whether states have
the right to interpret and twist federal laws.
"Anybody
who is concerned about federalism is not only interested in
protecting the rights of the states to do what legitimately
lies within their jurisdiction, but also in protecting the
jurisdiction of the federal government from being carried
over a cliff by the actions of one or another state. That's
a basic principle of our Constitution," he said.
Ryan
Ross, communications director with the Hemlock Society, a
national group that supports patients' rights to end their
lives, said the attorney general was confusing street drugs
with drugs prescribed by doctors.
"In
these instances, there's no question but that these drugs
have appropriate medical application to treat pain, among
other things. The question is, who should be regulating their
use, and in America, there's a long-standing, time-honored
principle that the regulation of medicine should be left up
to the states," Ross said.
Moreover,
there was no evidence to suggest patients in Oregon who decided
to end their own lives did so because of financial concerns,
he said.
"There
is no instance in which there is any indication that someone
who hastened their death did so in response to financial pressures.
We've got a four-year track record now and it's crystal clear,"
he said.
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