Online Forty-Niner: Spring 2002: Opinion
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VOL. IX, NO. 105
CALIFORNIA STATE UNIVERSITY, LONG BEACH
April 22 , 2002


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opinion: our view

Federal judge sticks it to Ashcroft


According to a federal judge, Attorney General John Ashcroft grossly overstepped his power when he issued a statute that would effectively block Oregon doctors from prescribing medication for assisted suicide.

Ashcroft's directive stated that any physicians who prescribed assisted suicide drugs or even large amounts of pain medication would have their licenses revoked. Ashcroft felt that physician assisted suicide does not fall within the scope of "legitimate medical practice" covered in the statute for federally registered drugs.

U.S. District Judge Robert Jones disagreed, as do we.

Oregon became the only state with an assisted suicide law in 1997 after a state ballot initiative. Since the law took effect, 141 prescriptions were issued resulting in 91 physician-assisted deaths. Some of the 141 patients died without their prescriptions and some have not yet used them.

Ashcroft is not an elected official. The attorney general appointment changes with each new presidential administration. When President Bush took office, he chose to appoint a man who is very religious and may have a moral standard that is much higher than many people's.

But Ashcroft was wrong to overstep his authority and dictate legislation that went against the will of the people of Oregon and was more than likely motivated by his own personal beliefs.

Jones should be commended for deciding with the people of Oregon. He recognized that terminally ill people have a right to take control of their own lives and deaths with the help of a medical professional. A non-elected politician in Washington, D.C. should not dictate that right.

Even more important, Jones' directive secured the rights of Oregon physicians to confidently provide adequate and appropriate pain care to dying patients without fear of the Drug Enforcement Administration charging them with a crime.

It is sad that the government is continually second-guessing the will of state voters, first with California's medical marijuana proposition and now with Oregon's assisted suicide law.

This country was founded with the understanding that the will of the people will govern. An appointed official who is personally more governed by Christian fundamentalist morality should not have the right to quell or stifle the will of the citizens.

filler



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