The right of terminally ill people to determine their own time and means
of death stems from the same philosophy.
Can terminally ill patients legally request a lethal overdose
from their doctor? And if so, how does it work?
Yes, in the state of Oregon. The Supreme Court in January upheld
Oregon’s right to die law. Two doctors must first determine
that the patient’s condition is terminal, and irreversible,
and that the patient is of sound mind. At that point, the doctors can
prescribe a lethal overdose.
So far 208 patients have passed on after exercising their legal
rights under the law; 80 were suffering from cancer.
How did it become a law?
In 1994, Oregon voters enacted the Oregon Death with Dignity Act by
a narrow margin of 51 percent to 49 percent.
Due to court battles, the Act did not go into law until 1997.
In that same year, people opposed to the law got it on the ballot again,
hoping it would be rescinded. But to everyone’s surprise
it passed by 60 to 40 percent.
How did this law end up before the U.S. Supreme
Court?
The attorney general at the time, John Ashcroft, challenged the law,
saying that the federal Controlled Substances Act allowed him to prosecute
doctors who aided terminally ill patients in committing suicide.
The 9th Circuit Court of Appeals upheld the law. The new attorney general,
Alberto Gonzales, then appealed again, sending the case to the Supreme
Court.
The U.S. Supreme Court voted 6-3 to uphold the Oregon law,
and actually it was decided as a state’s rights versus federal
rights matter.
The court said that the attorney general did not have the authority
to override a state law.
The right to die is clearly a matter to be decided by a state.
The basis for this case, may well be used for other controversial matters
such as pending anti abortion laws.
