The Supreme Court today ruled 6 to 3 in favor of the people of Oregon

Jan. 17, 2006

Statements by Peg Sandeen, Executive Director of the Death with Dignity National Center

FOR IMMEDIATE RELEASE
CONTACT: Robert C. Kenneth, DDNC Communications, 503-228-4415, e-mail us.

"The Supreme Court today ruled 6 to 3 in favor of the people of Oregon. The case of Gonzales v. Oregon came about because of the actions of former Attorney General John Ashcroft in 2001 who ordered Federal Drug Enforcement Agents to prosecute physicians and pharmacists for practicing under Oregon's Death with Dignity law. The Supreme Court's ruling today affirms the right of Oregonians to govern their own end-of-life, pain management and palliative care choices.

"Today's ruling, written by Justice Anthony Kennedy, validates Oregon's Death with Dignity law and will prohibit federal agents from investigating and prosecuting physicians and pharmacists who practice ethically and legally under the Oregon law. Today's opinion allows advances in palliative and end-of-life care to continue.

"This case was simple. The Justice Department sought to end Oregon's 11-year old Death with Dignity Law and to assert federal powers that properly belong to states such as Oregon. The law was strongly supported by the majority of Oregon voters, sustained by two federal lawsuits, and given broad support from two-thirds of the American people.

"More and more Americans are demanding a greater say in how they live and how they die. Gonzales v. Oregon is a historic milestone that will protect the people's rights as patients. The Justices of the Supreme Court got it right when they stated that personal medical decisions are best made by patients and physicians, not by lawyers and legislators.

"Unfortunately, it's unlikely that the Gonzales v. Oregon decision will end attacks against Oregon's law and the national death with dignity movement. Oregon can anticipate attempts in Congress to pass legislation barring physician-assisted dying, perhaps as a touchstone issue for the upcoming mid-term elections.
"Congressional efforts to trump the federal courts and the people of Oregon will require constant vigilance on the part of the Death with Dignity National Center. Any anti-dignity law from Congress would signal a significant shift from the federalist distribution of power among the state governments toward the federal government's increasingly centralized power. It would also reverse years of progress in improving palliative and end-of-life care.

"The favorable ruling by the Supreme Court now permits other states to move forward in replicating Oregon's landmark law. Timing is crucial. The DDNC's Oregon+One Program will actively support the state most likely to enact a death with dignity law, whether through a state legislature or through a citizen initiative."

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The Death with Dignity National Center is the leader in the death with dignity movement, based on its development, implementation and defense of Oregon's Death with Dignity Act. Since 1994, the DDNC has successfully led the legal and political defense of the Oregon law and has gained national stature by supporting initiatives in other states where citizens have voiced interest in passing laws similar to Oregon's.

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