Oregon
Assisted Suicide Law Okay, Says Federal Judge
By Jim Burns
CNSNews.com Senior Staff Writer
April 17, 2002
(CNSNews.com)
- For the second time in two days, conservatives lost an important cultural
battle in federal court Wednesday. U.S. District Court Judge Robert
Jones ruled that the U.S. Justice Department lacks the authority to
overturn an Oregon law that allows physician assisted suicides. A day
earlier, the U.S. Supreme Court overturned a federal ban on "virtual"
child pornography.
The Oregon
law is the only one of its kind in America. And Wednesday's ruling by
Jones, to keep the law in place, has angered many conservative groups.
In his ruling,
Jones said Attorney General John Ashcroft attempted to "stifle
an ongoing, earnest and profound debate in the various states concerning
physician-assisted suicide," with a directive issued back in November
declaring that assisted suicide was not a "legitimate medical practice."
"The
citizens of Oregon, through their democratic initiative process, have
chosen to resolve the moral, legal and ethical debate on physician-assisted
suicide for themselves by voting, not once, but twice in favor of the
Oregon act," said Jones in his decision.
The Justice
Department in Washington did not return calls Wednesday seeking comment.
Ashcroft's
policy had reversed a 1998 decision by then-Attorney General Janet Reno
not to take action against doctors aiding in suicides. Ashcroft has
backing from the Bush White House.
"The
president believes we must value life and promote a culture that respects
the sanctity of life at all stages," White House spokesman Jimmy
Orr told CNSNews.com last November.
"[Bush]
has consistently said that he opposes physician-assisted suicide. The
president believes it is the proper role of the federal government to
regulate and control substances such as narcotics and other dangerous
drugs," Orr added.
Oregon became
the only state to allow physician-assisted suicide when it implemented
the Death with Dignity Act in 1998. Under certain circumstances doctors
can provide, but not administer, a lethal dose of drugs to a state resident
who is terminally ill.
The conservative
group, Concerned Women for America, was among those lashing out at Jones
for his verdict.
"Judge
Jones ignored centuries of ethical guidelines that physicians should
heal, not kill. This lone judge claims that doctors in Oregon can ignore
federal law by killing their patients with powerful drugs. This decision
must be appealed," said Wendy Wright, senior policy director for
CWA.
The National
Right To Life Committee expressed a similar sentiment.
"The
American people do not want their federal government to facilitate euthanasia,
as the lower court ruling requires. We are confident that the U.S. Supreme
Court, on appeal, will ultimately uphold the position of Attorney General
Ashcroft and the Bush administration, that federally controlled drugs
should be used to cure and relieve pain, not to kill," said Burke
Balch, director of the committee's department of medical ethics.
The Family
Research Council said the Oregon law is wrong.
"A license
to cure isn't a license to kill. Medicine by definition is the art of
treating and curing. Drugs are for curing, not killing. Writing prescriptions
for deadly doses of drugs is not and never has been within the usual
course of professional practice," said Jan LaRue of the Family
Research Council.
But the Washington
D.C.-based Death with Dignity National Center applauded Jones's ruling.
"We
are gratified and relieved that the people of Oregon will continue to
have the humane option of hastened death that has been implemented so
safely for four years under the state's Death With Dignity law,"
said Estelle Rogers, executive director of Death with Dignity National
Center.
Rogers also
said Jones rejected Ashcroft's attempt to "act as a national medical
board."
Tuesday's
U.S. Supreme Court ruling, overturning the federal ban on "virtual"
or computer generated child pornography, was also a stinging defeat
for conservatives. However, Rep. Mark Foley (R-Fla.), the co-chairman
of the Congressional Missing and Exploited Children's Caucus, said he
will work with Ashcroft to develop new legislation that will withstand
the high court's scrutiny.
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