RSSGonzales v. Oregon Public Information Kit
Oct. 18, 2005
The United States Supreme Court heard oral arguments in Gonzales v. Oregon on October 5, 2005 and is expected to hand down a ruling on the Oregon Death with Dignity Act by June 2006.
Read the transcript of oral arguments
Resource Links
Legal Facts at a Glance
The question in Gonzales v. Oregon:
"Whether the Attorney General has permissibly construed the Controlled Substances Act, 21 U.S.C. 801 et seq., and its implementing regulations to prohibit the distribution of federally controlled substances for the purpose of facilitating an individual's suicide, regardless of a state law purporting to authorize such distribution."
The U.S. Justice Department's main arguments:
1 The Controlled Substances Act establishes a comprehensive and uniform nation system for regulating controlled substances, and the Attorney General's interpretive ruling implementing the Act is supported by the overwhelming weight of authority.
2 The [Ninth Circuit] court of appeal's rejection of the Attorney General's interpretive ruling was based on a fundamental misunderstanding of the applicable principals of statutory construction.
The State of Oregon's main arguments:
1 The Attorney General's threatened action would nullify the DWDA.
2 The CSA does not itself prohibit the uses of controlled substances permitted by the DWDA, and it does not authorize the U.S. Attorney General to do so.
3 The Court should reject this unprecedented attempt by an agency official to resolve a disputed issue of social and medical policy that is reserved to the States and should reemphasize the vital role State sovereignty plays in our federal system and the need for Congress to speak clearly when it intends to interfere with that role.
The main arguments of DDNC board member Eli Stutsman, representing the physician and pharmacist in the case:
1 The Attorney General's enforcement directive violates the plain language of the Controlled Substances Act, oversteps the bounds of the Attorney General's statutory authority, and contravenes Congress' express legislative intent.
2 The States, not the Attorney General acting through the Controlled Substances Act, regulate medicine.
3 The power to regulate commerce between the States does not authorize federal usurpation of medical practice in the States, or the manner in which Oregonians die.
Additional Friend-of-Court Briefs
Information
Contact: Robert C. Kenneth by e-mail, or call (503) 228-4415.
For the Supreme Court's complete calendar, click here.
Death with Dignity National Center, 520 SW 6th Avenue, Suite 1030, Portland, OR 97204
Phone: (503) 228-4415 / Fax: (503) 228-7454
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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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Political Action Fund
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.
Learn more about the Fund's efforts to bring dignity to people around the nation.
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.
Learn more about the National Center and our family of organizations.
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.
Research Center
We have compiled a comprehensive collection of legal briefs, journal articles, and newspaper clippings. We invite you to explore the wide array of information we have collected throughout our history.
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.
