Check Traffic

Check Traffic
Live Cameras, Conditions

°

Homepage / Health
Text Size

Supreme Court Justices Mull Assisted Suicide Case

UPDATED: 3:42 pm CDT October 5, 2005

Supreme Court Justice Anthony Kennedy is already calling an Oregon assisted-suicide case a "tough" one, possibly one of the toughest of the court's term.

Oregon's Death with Dignity Act was approved by voters in 1994 and reaffirmed three years later. It made physician-assisted suicide a legal medical option for terminally ill Oregon residents. It's the only law of its kind in the nation.

But the Bush administration argues that hastening someone's death is an improper use of medication and violates federal drug laws. The administration is asking justices to let it stand in the way of the law -- igniting a federal vs. state battle.

During Wednesday's arguments, Justice Kennedy, a moderate, called it "odd" that the United States would call the procedure an abuse of drug laws since Oregon has strictly limited when and how the drugs could be used.

As the Bush administration sees it, the use of those drugs is covered by the federal Controlled Substances Act. Solicitor General Paul Clement told justices that the "most natural reading" of that law gives the U.S. attorney general the authority to prevent drugs from being used for this purpose.

New Chief Justice John Roberts seemed skeptical of Oregon's law, hitting one of Oregon's top attorneys with a barrage of questions before he could even finish his first sentence.

But Justice Sandra Day O'Connor challenged Clement, asking if federal drug laws would also keep doctors from participating in the execution of murderers.

The state of Oregon contends that regulation of medical practices -- including assisted suicide -- is a state matter.

Oregon Solicitor General Mary Williams said a 2001 directive by then-U.S. Attorney General John Ashcroft infringes on the right of states to regulate medical practices Williams said it would turn the controlled substances act into a "controlled medical practices act" and make the U.S. attorney general "a one-person national medical board."

Williams and others have said previous rulings by the high court have upheld states' rights.

The justices who heard arguments Wednesday include several who have been touched personally by illness. Justices O'Connor, Ginsburg and Stevens have had cancer. Justice Stephen Breyer has a spouse who counsels young people dying of cancer.

Although O'Connor appeared ready to back the law, she likely will be off the court before the case is decided. A 4-4 tie would then be decided by a new justice.

An adverse ruling wouldn't sweep Oregon's law off the books. But assisted suicide advocates said the impact would end the practice because doctors could face prosecution or loss of federal licenses to prescribe drugs by giving barbiturates to terminally ill patients who want to end their lives.

Assisted suicide advocates said the fight would continue, perhaps in Congress or with other cases brought to the federal courts.

Barbara Coombs Lee, a leader of a group called Compassion and Choices, said it "certainly would not be the end of assisted dying."

As the Supreme Court prepared to hear the case, dozens of supporters of that law gathered outside. They waved signs, including one that read, "My Life, My Death, My Choice."

One man from Virginia said Oregon "ought to be proud of having taken the first step."

Oregon and the Netherlands are the only places in the world that have laws specifically permitting assisted suicide, according to the International Task Force on Euthanasia and Assisted Suicide.

Links We Like

Sponsored Content
Are you often tired or rushed in the morning? Give your morning habits a makeover, and start the day feeling positive and energetic instead. More

Employers generally have options when it comes to hiring. Makes sure you present yourself as professionally as possible, or else. More

You can pick your friends, but not your family -- or your neighbors. Here's what you need to know about how to deal with yours. More

The signs of Cancer can sometimes be very subtle. Here's a guide to help you recognize them early. More

Most Popular

Marketplace

  • AutoClick to Expand

  • JobsClick to Expand

    • 7 Killer Cover Letter Mistakes

      Don’t ruin your chances of landing that new job by making easy to correct mistakes on your cover letter.

    • Why Having Fun At Work Matters

      If people are having fun, they’re going to work harder, stay longer, maintain their composure in a crisis and take better care of the organization.

    • Ten Tips To Boost Your Interview IQ

      Interviewing is a learned skill, and there are no second chances to make a great first impression. So study these 10 strategies to enhance your interview IQ.

    • Learn How To Deal With Pay Cuts

      If you’re about to take a pay cut, find out how you can go about dealing with it and stay proactive about your salary.

  • WomenClick to Expand

    • Healthy Living In Your 40s

      Your guide to looking and feeling your best.

    • Manage Stress, Find Balance

      The idea of living a balanced life may seem like an oxymoron. Yet working toward balance and self-care is key to feeling in control and more joyful at home and work.

    • Weight & Exercise: The Right Mix

      Being healthy is related to how well you take care of yourself. But it’s never too late! A woman can learn new, healthy habits at any age.

  • InsuranceClick to Expand

    • Auto Insurance Quotes

      Simply enter your zip code and get great deals on your car insurance from the top companies. Click here and start saving today!

    • Health Insurance Quotes

      No matter where you live, you shouldn’t have to pay too much for health insurance. Your zip code is all you need and we’ll do the rest to find you great insurance rates.

    • Home Insurance Quotes

      Your home is your most valuable asset. So make sure you have coverage that fits your needs and doesn’t break the bank.

    • Life Insurance Quotes

      What would happen to your family if you were suddenly gone? Don’t leave their future to chance and find top quality life insurance before it’s too late.

    • Business Insurance Quotes

      Don’t take chances when it comes to insuring your business. To get the best rates from top companies in your area just enter your zip code.

  • HomesClick to Expand

Sponsored Links