Battle over suicide help continues in federal court over Ashcroft challenge

With Oregon's Death with Dignity Act at issue, competing sides debate jurisdiction and voice concerns about palliative pain care.

By Andis Robeznieks, AMNews staff. May 26, 2003. - See letter

Attorneys representing the U.S. Dept. of Justice, the state of Oregon and several dying patients had their day in court May 7 as three judges from the U.S. 9th District Court of Appeals listened to arguments over whether U.S. Attorney Gener

Some medical experts believe the court's ruling could have significance beyond whether it allows Oregon's assisted-suicide law to stand. They say it also could affect state and federal jurisdiction over medical practices and the quality of palliative c

Assisted-suicide supporters say Ashcroft's attempts to overturn Oregon law by using the federal Controlled Substances Act usurps power from the state. But the action isn't unprecedented, according to Erin A. Egan, MD, an attorney and senior associate o

"There is a precedent for using federal law to accomplish important social goals," she said. "So the question is more whether this is a warranted interference."