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Ballot Measures
"Respect the Will of the People" Learn more about Oregon's initiative and referendum process. Visit the Initiative and Referendum Institute Oregon Ballot Measure 16 (1994) The Law The law protects doctors from liability for participating in assisted suicide. Furthermore, no doctor is required to participate. Also, the law specifies that a patient's decision to end his or her life shall not "have an effect upon a life, health, or accident insurance or annuity policy." Controversy and Aftermath Despite the measure's passage, implementation was tied up in the courts for several years. The Oregon Legislative Assembly also tried to repeal the law, sending Measure 51 to the people in 1997 (see below); the measure failed by a larger margin (60%) than the margin by which Measure 16 passed. Some members of Congress tried to block implementation of Measure 16, but failed. In 2003, a federal judge blocked a move by U.S. Attorney General John Ashcroft to suspend the license for prescribing drugs covered in the Controlled Substances Act of doctors who prescribed life-ending medications under the Oregon law. The Ninth Circuit Court of Appeals affirmed the block, stating that the "Attorney General lacked Congress' requisite authorization". F.9a 9913 (2004). In October, 2005, the U.S. Supreme Court heard arguments in the case of Oregon v. Gonzales which will determine the fate of the Death with Dignity law. Arguing on behalf of the state was Oregon Senior Assistant Attorney General Robert Atkinson. U.S. Solicitor General Paul Clement argued on behalf of the Bush administration, which is challenging Oregon's right to regulate the practice of medicine when that practice entails prescribing federally banned substances. The issue, which will be decided by the end of 2005, is whether federal drug laws trump state laws regulating physicians. Oregon Ballot Measure 51 (1997) The three years after Oregonians passed the Death with Dignity Act were marked with controversy. Opponents of the Death with Dignity Act, seeking to repeal the law, got the legislature to refer Measure 51 to the voters, hoping that the voters would have changed their mind in the intervening years. The debate over Measure 51 found a re-hashing of the standard arguments about assisted suicide. Proponents of Measure 51 also argued that the Death with Dignity Law suffered from several flaws, including a lack of a mandatory counseling provision, a family notification provision, strong reporting requirements, or a strong residency requirement. Measure 51 opponents argued that sending the measure back to voters was disrespectful considering they had already passed Measure 16 via the initiative process. They also felt that the safeguards in the Death with Dignity Act were adequate. Read the full language of Oregon Ballot Measure 51, from the Oregon Voter's Guide, including arguments for and against home | search | site guide | contact us | privacy policy
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