Contact: Greg Eddleston (503) 228.4415 / www.dwd.org

Portland, OR - Today in U.S. Federal Court, Judge Robert Jones heard arguments in the legal case to preserve the Oregon Death with Dignity law.

Attorneys for both sides presented their respective cases as protesters gathered outside.  Carrying signs with the slogan "Back Off, John!" supporters of the law drew attention to the website of the same name (www.backoffjohn.com).  The site enables activists and states' rights advocates to petition the Attorney General and send letters to their local editorial boards.

A written decision is pending.

Quotes and Bios

ELI STUTSMAN (attorney presenting oral argument) is a Portland attorney representing Dr. Peter Rasmussen and pharmacist David Hochhalter in the case against Attorney General John Ashcroft.  Stutsman is one of the principal authors of the Oregon Death with Dignity law and was the strategist behind the 1994 and 1997 electoral victories that passed the law.  Stutsman defended the law in federal court between 1994 and 1997 in cases that resulted in the U.S. Supreme Court allowing the Ninth Circuit Court of Appeals decision to stand, thus allowing Oregon’s law to go into effect on October 27, 1997.  Stutsman has been instrumental in strategies to defend Oregon’s law throughout its implementation.

“The case on behalf of the people, physicians, pharmacists and patients of Oregon gives this judge and this court the means to repudiate Attorney General Ashcroft’s unprecedented power grab to regulate medicine in the states.  His personal beliefs must not be allowed to set aside two elections, federal court decisions including the U.S. Supreme Court and four years of successful implementation.”  - Eli Stutsman

DR. PETER RASMUSSEN (plaintiff, unable to attend hearing) is a Salem physician who is a plaintiff in the case against Attorney General John Ashcroft.  Rasmussen is a medical oncologist, board certified in hospice and palliative medicine and has prescribed under the Oregon Death with Dignity law.  Dr. Rasmussen is not in court due to a previously scheduled trip. He has asked the following comment be made on his behalf.

“As a physician who has seen many patients die I can assure you that Oregon’s Death with Dignity law provides a comfort to terminally ill people, regardless of their decision to use the law.  This law is a catalyst for genuine reform, the likes of which can only be accomplished by empowering patients in their end-of-life decision making.” – Dr. Peter Rasmussen

DAVID HOCHHALTER, RPH, (plaintiff, unable to attend hearing) is a Salem pharmacist who is a plaintiff in the case against Attorney General John Ashcroft. Hochhalter has filled prescriptions under Oregon’s Death with Dignity law and would be in jeopardy of prosecution if the Ashcroft ruling were allowed to go into effect.  Hochhalter could not leave his practice to be in court today.

“The mere threat of investigation by the DEA distracts caregivers from concern about what is best for the patient.  The DEA should not interfere with bedside decisions made within the framework of what the state has set out as legitimate medical practice.” – David Hochhalter.

TONI SHEMARYA (family member, attending hearing) is one of the few Oregonians in the past four years that has first-hand knowledge of the Death with Dignity law.  Toni’s partner Patricia Calligan died of cancer and qualified to use the law in 1998.  Patricia died prior to using the law but as Toni witnessed first hand, the law was an enormous comfort to Patricia throughout her final days.  Toni understands the importance of personal choice at the end-of-life and is indignant that Attorney General Ashcroft would intervene in such a matter.

“Oregon’s Death with Dignity law was a tremendous comfort to Patricia in her final days and it gave her strength to keep living each day to the fullest.  Why does Mr. Ashcroft want to deny that peace of mind to terminally ill people who would choose this option?” – Toni Shemarya

SCOTT SWENSON (Oregon Death with Dignity Center, attending hearing) is the Executive Director of the Oregon Death with Dignity Center.  Oregon Death with Dignity is supporting the case of the physician and pharmacist against the Ashcroft ruling through its legal defense and education center and also works through its political action fund to defend and promote Oregon’s law nationally.

“While our attorney takes our case to the judge, the people take the case to the streets encouraging every person concerned about privacy and the rights of the individual to stand up for our democracy and say BACK OFF JOHN at www.backoffjohn.com.” - Scott Swenson

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