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
Learn the top five signs of common mental health conditions, including depression, anxiety, obsessive compulsive disorder, and bipolar disorder. More

It is important to make sure your will is sorted out in the best way possible for you and your family. Here are ten things to consider when writing a will. More

For CPAP supplies to work effectively, they should be replaced regularly. Reduce the risks of death and qualify to renew your supplies. More

Times are tough right now and as more and more people lose their jobs or are forced to take pay cuts, finding affordable health insurance can be tough. More

Most Popular

  • StoriesClick to Expand

    • Texas License Plate Gets New Look

      Texas license plates have a new look and another character, KPRC Local 2 reports.

    • Pastor Accused Of Sex Assault

      Darrell Dean DunnA pastor from Crosby is accused of sexually abusing two boys who attended his church's school, KPRC Local 2 reports.

    • Captain: Help Solve Daughter's Killing

      Selestino TorresA Houston Fire Department captain asked for the public's help finding the man suspected of killing his daughter, KPRC Local 2 reports.

    • Pelosi Shuts Down Jackson Resolution

      House Speaker Nancy Pelosi shuts the door to a resolution honoring Michael Jackson because debate on the symbolic measure could raise "contrary views" about the pop star's life.

    • 1,400 Arrested In South Texas

      U.S. marshals and police arrest more than 1,400 fugitives and cleared 1,654 warrants during a monthlong cooperative between federal, state, and local law enforcement in South Texas.

  • VideosClick to Expand

    • Pastor Accused Of Fondling Students

      Darrell Dean DunnJuly 9, 2009: A pastor from Crosby has been accused of sexually abusing two boys who attended his church's school. Phil Archer reports.

    • Local 2 Investigates: Inside Bar Raid

      July 8, 2009: A bar that's had its liquor license pulled and where police have looked for sex trafficking victims is raided, KPRC Local 2 Investigates reports.

    • Jewelry Stolen From Homes

      July 8, 2009: Detectives believe a group of thieves has been breaking into homes and stealing thousands of dollars worth of jewelry. Elizabeth Scarborough reports.

    • Man Makes Patriotism His Mission

      July 4, 2009: While the focus of the Fourth of July is usually on barbecue and fireworks, one local veteran wants to make sure we pay tribute to the true patriots who have served our country. Alana Gomez Dong reports.

    • Man Lies About Military Heroics

      July 9, 2009: A Houston man's military heroics were fabricated. Alana Gomez Dong reports.

  • SlideshowsClick to Expand

Marketplace