Ashcroft asks Supreme Court to block Oregon's assisted suicide law
http://www.100md.com
《英国医生杂志》
Former attorney general John Ashcroft has asked the US Supreme Court to block Oregon抯 assisted suicide law, known as the Death with Dignity Act. It was Mr Ashcroft抯 final move before his recent resignation and is the latest move in a three year battle between the state of Oregon and the federal Justice Department (BMJ?004;328:1337).
The act was approved by the state of Oregon in 1994 and reaffirmed in 1997. Oregon is the only state that allows assisted suicide by doctors, by administration of a lethal dose of a federally controlled substance. The act allows terminally ill patients with less than six months to live to request a lethal dose of drugs, and a doctor to administer it, provided that the patient抯 diagnosis is confirmed by two doctors.
The Christian Medical Association, the largest religious association of doctors, applauded the federal government抯 right to regulate controlled substances, which is the mechanism by which Mr Ashcroft is asking the Supreme Court to block the Oregon law.
"The Controlled Substances Act was designed to prevent using drugs for non-medical purposes in every state—not every state but Oregon," said Dr David Stevens, the association抯 executive director. He added, "When a state or doctor uses such drugs not to heal or relieve pain, but simply to kill, that is not a medical purpose; it is killing. Killing doesn抰 require medical training or compassion."
Dr Kenneth Stevens, president of Physicians for Compassionate Care, alleged, "There is a wall of secrecy around assisted suicide in Oregon," referring to the more than 171 patients who have been helped to commit suicide since 1998.
Barbara Coombs Lee, president of the Compassion in Dying Federation, is strongly opposed to federal interference in the practice of medicine, legally a state prerogative.
Oregon抯 governor, Ted Kulongoski, argued that Oregon voters twice approved the right of terminally ill patients to die more quickly. "It抯 past time for this administration to focus on ways to work with Oregon, not against us," he said.
Portland lawyer Eli Stutsman, coauthor of the Oregon law, said Mr Ashcroft抯 appeal to the Supreme Court was "politically inspired," and he expressed optimism that the court would not hear the case. The court抯 justices held in 1997 that although Americans had no constitutional right to assisted suicide, individual states could decide the issue for themselves without federal interference.
The Supreme Court typically takes about six months to review and decide whether to accept cases—so, if accepted, the case would be heard in the spring of 2005. If the court rejects Mr Ashcroft抯 petition the Oregon law would remain in effect and could be blocked only by an act of Congress.(Florida Fred Charatan)
The act was approved by the state of Oregon in 1994 and reaffirmed in 1997. Oregon is the only state that allows assisted suicide by doctors, by administration of a lethal dose of a federally controlled substance. The act allows terminally ill patients with less than six months to live to request a lethal dose of drugs, and a doctor to administer it, provided that the patient抯 diagnosis is confirmed by two doctors.
The Christian Medical Association, the largest religious association of doctors, applauded the federal government抯 right to regulate controlled substances, which is the mechanism by which Mr Ashcroft is asking the Supreme Court to block the Oregon law.
"The Controlled Substances Act was designed to prevent using drugs for non-medical purposes in every state—not every state but Oregon," said Dr David Stevens, the association抯 executive director. He added, "When a state or doctor uses such drugs not to heal or relieve pain, but simply to kill, that is not a medical purpose; it is killing. Killing doesn抰 require medical training or compassion."
Dr Kenneth Stevens, president of Physicians for Compassionate Care, alleged, "There is a wall of secrecy around assisted suicide in Oregon," referring to the more than 171 patients who have been helped to commit suicide since 1998.
Barbara Coombs Lee, president of the Compassion in Dying Federation, is strongly opposed to federal interference in the practice of medicine, legally a state prerogative.
Oregon抯 governor, Ted Kulongoski, argued that Oregon voters twice approved the right of terminally ill patients to die more quickly. "It抯 past time for this administration to focus on ways to work with Oregon, not against us," he said.
Portland lawyer Eli Stutsman, coauthor of the Oregon law, said Mr Ashcroft抯 appeal to the Supreme Court was "politically inspired," and he expressed optimism that the court would not hear the case. The court抯 justices held in 1997 that although Americans had no constitutional right to assisted suicide, individual states could decide the issue for themselves without federal interference.
The Supreme Court typically takes about six months to review and decide whether to accept cases—so, if accepted, the case would be heard in the spring of 2005. If the court rejects Mr Ashcroft抯 petition the Oregon law would remain in effect and could be blocked only by an act of Congress.(Florida Fred Charatan)