Oregon suicide law wins temporary reprieve

Associated Press

PORTLAND, Ore. — A federal judge on Thursday temporarily blocked an attempt by U.S. Attorney General John Ashcroft to shut down Oregon’s assisted suicide law, the only one in the nation.

U.S. District Judge Robert Jones granted a temporary restraining order requested by Oregon Attorney General Hardy Myers, an Oregon doctor and a pharmacist, and several terminally ill patients.

"There is no showing that the United States would be irreparably impaired by a temporary stay," Jones said from the bench.

On Tuesday, Ashcroft said Oregon doctors could lose their licenses to prescribe federally controlled drugs if they follow the state law. His action reversed a directive issued by former Attorney General Janet Reno during the Clinton administration.

Jones said Ashcroft did not act on a recommendation to change Reno’s interpretation of the Controlled Substances Act until more than five months after Ashcroft received the recommendation on June 29.

"July passed, August passed, September and October passed, and we’re approaching the second week in November and suddenly the attorney general (Ashcroft) is issuing an edict for instant enforcement," Jones said.

Ashcroft on Tuesday said he was ordering the U.S. Drug Enforcement Administration to bar doctors from prescribing an overdose of federally controlled drugs that terminally ill patients are allowed to take under Oregon law after a medical determination they have less than six months to live.

At least 70 people have ended their lives since the Oregon law took effect, according to the state Health Division. All have done so with a federally controlled substance such as a barbiturate.

Assistant U.S. Attorney William Howard argued that the interest of the federal government in preserving life takes precedence over Oregon’s Death with Dignity law.

The state of Oregon argues that the federal government does not have the right to dictate its policies on medical practices.

But Howard disagreed. "The United States has an interest in preserving the life and safety of its citizens," said Howard, who argued his case by telephone from his office in Washington, D.C.

Eli Stutsman, the attorney for Dr. Peter Rasmussen and for pharmacist David Hochhalter, said Jones’ ruling means the Oregon law will remain in effect until at least Nov. 20, when Jones has scheduled another hearing.

Jones can then decide to extend his order, and could stay the Ashcroft directive until the Oregon legal challenge is decided by an appeals court.

Stutsman said that even with Thursday’s stay, the Ashcroft directive will "cause a chilling effect on good patient care" in Oregon and across the nation.

Under the law, doctors may provide — but not administer — a lethal prescription to terminally ill adult Oregonians. It requires that two doctors agree the patient has less than six months to live, has voluntarily chosen to die and is able to make health care decisions.

Oregon’s assisted suicide law was narrowly approved by voters in November 1994. It survived legal challenges and was later re-approved by a wide margin in November 1997 before it was officially signed into law by Gov. John Kitzhaber on June 30, 1999.

Copyright ©2001 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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