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Pro-Life Groups Oppose Decision on Oregon Assisted Suicides

by Steven Ertelt
LifeNews.com Editor
May 27, 2004


Washington, DC (LifeNews.com) -- The consensus from the pro-life community in reaction to a decision by a federal appeals court regarding Oregon's assisted suicide law is a big thumbs down. The court said Attorney General John Ashcroft overstepped his authority when he ruled that federally regulated drugs couldn't be used in assisted suicides in the state.

The use of federally controlled drugs is generally prohibited by law unless a doctor prescribes them for a legitimate medical purpose.

Ashcroft said assisted suicide is not legitimate medicine. In addition, the American Medical Association's ethical guidelines condemn the practice.

Pro-life attorney Burke Balch director of the National Right to Life Committee's department of medical ethics, said the 9th Circuit Court of Appeals' decision would force the federal government to endorse assisted suicides in the Pacific Nowthwest state.

"The American people do not want their federal government to facilitate euthanasia," Balch said. "Federally controlled drugs should be used to cure and relieve pain, not to kill."

All of the assisted suicides in Oregon involved such drugs.

Dr. Gregory Hamilton, of Physicians for Compassionate Care, says the decision paves the way for abuses of the Oregon assisted suicide law to continue.

"The abuses of assisted suicide in Oregon, including giving depressed patients, and mentally ill patients with questionable competence, lethal overdoses, as happened in the case of Michael Freeland, make it clear that the federal government was right to protect patients by declaring that assisted suicide is a violation of the Controlled Substances Act," Hamilton explained.

Wendy Wright, of Concerned Women for America, agreed.

"Oregon's Medicaid program pays for assisted suicide but does not pay for many other medical interventions that patients need and want. Doctor-shopping is occurring, with non-treating doctors prescribing lethal doses for depression," Wright said.

The 9th Circuit's decision was not unexpected.

The appeals court previously ruled that there is a right to assisted suicide -- a decision the Supreme Court unanimously overturned in the 1997 case of Quill v. Vacco.

But, pro-life groups are hopefully that the Supreme Court will overturn the appeals court decision on the basis that state law can't trump federal law.

"The 9th Circuit majority's odd decision is that state law controls federal law. We are confident that the U.S. Supreme Court, on appeal, will ultimately uphold the position of Attorney General Ashcroft," NRLC's Balch said.

"The Ninth Circuit Court misinterpreted the Controlled Substances Act when it claimed that federal authority over controlled substances was limited to drug abuse," Dr. Hamilton explained.

"Actually, the Controlled Substances Act clearly required the Department of Justice to disallow any non-medical use of federally controlled substances-and that includes overdosing patients with these drugs," Hamilton indicated.

Dr. Hamilton said physicians have been sanctioned for overdosing patients during the more that thirty years the Controlled Substances Act has been in place.

"Now the Ninth Circuit Court has decided that the most vulnerable citizens of Oregon won't have these protections," Hamilton concluded.

 

 

 

 

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