RSSDeath with Dignity Wins Another Historic Court Battle
Oregon Death with Dignity Center Reacts
April 17, 2002
Contact: Greg Eddleston, geddleston@dwd.org / (503) 228.6079.
PORTLAND, OR—Today federal Judge Robert E. Jones handed down his written decision in Oregon v. Ashcroft, giving the death with dignity movement a substantial victory over a hostile opponent who has used taxpayer dollars to undermine the democratic process.
"Judge Jones' opinion is a complete rejection of the Ashcroft ruling in every sense: as a matter of law and as a matter of states' rights. The judge indicated his respect for those who oppose the law, but affirmed that in a pluralistic society, we need to respect the will of those who would choose this option and we should respect the democratic and legal process that has twice affirmed this law," said Portland attorney Eli Stutsman who represented an Oregon physician and pharmacist on behalf of the Oregon Death with Dignity Center.
"This ruling should help physicians all across the country understand that the law can and will support them in their efforts to alleviate the suffering of those patients who choose this option," said Dr. Peter Rasmussen, the physician plaintiff in the suit against Attorney General Ashcroft.
"The people of Oregon spoke twice. Congress failed to overturn the law twice and now federal courts have spoken twice – just how many tax dollars will John Ashcroft and other opponents spend trying to undermine the will of the people and the democratic process?" said Scott Blaine Swenson, Executive Director of the Oregon Death with Dignity Center.
Today's decision affirms yet again the legality of Oregon's Death with Dignity law. It also affirms the right of citizens across the country to determine for themselves, legitimate medical practice. On November 6, 2001, U.S. Attorney John Ashcroft issued an edict enabling the Drug Enforcement Administration (DEA) to track and investigate medications prescribed and filled under Oregon's historic law. This ruling, a reinterpretation of the Controlled Substances Act (CSA), an overturning of former U.S. Attorney General Janet Reno's 1998 decision, and an undermining of a twice-approved state initiative, was regarded as the herald of a retrograde movement in end-of-life care.
Editorial boards, ethicists and medical professionals across the country criticized the Ashcroft decision as short-sighted moral posturing that served no one's best medical interests. Some medical experts feared that physicians would under medicate their suffering terminally ill patients for fear of federal sanctions. Legal experts questioned Ashcroft's intrusion into a state-regulated medical practice.
Though an appeal is expected, the Oregon Death with Dignity Center is prepared to meet any future legal challenges. ODWD is the legal defense and public education nonprofit representing physician Peter Rasmussen and pharmacist David Hochhalter in these proceedings. ODWD is the only organization to have successfully proposed, passed and defended the Death with Dignity law since 1994. Visit us on the web at www.dwd.org.
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For more than 14 years, the Death with Dignity National Center (DDNC), a 501(c)(3), non-partisan, non-profit organization, has been the leading advocate in the death with dignity movement. Leaders in our organization originally wrote and have continued advocating for the Oregon Death with Dignity Law. DDNC has met these challenges through extensive legal defense of the Oregon law, education and outreach programs, and by developing and nurturing diverse financial resources with one goal in mind: to ensure DDNC's financial vitality and its position as a leader in the death with dignity movement.
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The Death with Dignity National Center partners with the Oregon Death with Dignity Political Action Fund (the Fund) to conduct lobbying and political activities in order to achieve the enactment of Death with Dignity laws in other states. The partnership resulted in tremendous success with the resounding win in the 2008 Washington Death with Dignity campaign.
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About Death with Dignity
The greatest human freedom is to live, and die, according to one's own desires and beliefs. The most common desire among those with a terminal illness is to die with some measure of dignity. From advance directives to physician-assisted dying, death with dignity is a movement to provide options for the dying to control their own end-of-life care.
Death with Dignity National Center (DDNC) is the leader in this movement, successfully establishing, advancing and defending the landmark Oregon Death with Dignity Act -- a national catalyst for openly discussing and actively reforming end-of-life care for those who are terminally ill.
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Patients & Families
The Death with Dignity National Center was formed out of a profound commitment to the idea that personal end-of-life decisions should be made solely between a patient and a physician. Based on this commitment, we are pleased to provide you with support and information as you face the difficult challenges ahead.
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In our Research Center you will find frequently asked questions, the history of the death with dignity movement, state monitoring statistics, and a copy of this groundbreaking statute.
