Aid In Dying Advocates Hail Highest Court Ruling Leaving Oregon's Death With Dignity Act Intact

21 January 2006

Compassion & Choices welcomes today's decision by the U.S. Supreme Court ending an attack on Oregon's Aid-In-Dying law initiated by former Attorney General John Ashcroft. The Supreme Court released a ruling in Gonzales v. Oregon case #04-623 affirming a decision by the 9th Circuit Court of Appeals.

In May 2004, a three judge panel ruled in favor of the plaintiffs stating the Drug Enforcement Agency could not use the federal Controlled Substance Act to prosecute physicians in compliance with the states aid-in-dying law. The "Ashcroft Directive" which would have nullified the Oregon law, was beyond the scope of his authority and an intrusion into the domain of states' rights.

Today the Supreme Court ruled in support of Oregon's AID IN DYING LAW in a 6-3 victory. Chief John G. Roberts was one of the dissenters.

Attorneys for Compassion & Choices represented 16 terminally ill, mentally competent patient-plaintiffs since the case began November 6, 2001. KATHRYN TUCKER, Director of Legal Affairs and co-counsel for the patient respondents said, "In 1997, (Glucksberg) the Court invited the States to grapple with the question of legal aid in dying. Oregon's eight years of experience has demonstrated that a legal option empowering dying patients to hasten their impending deaths poses no risks. The Oregon law galvanizes improvements in end-of-life care for all dying patients and provides a relatively small number of patients with a least-worst option."

Nico Van Aelstyn, an Attorney with Heller Ehrman, co-counsel to the patients said, "The states have been given the authority traditionally in our federal scheme to regulate medicine and that is what they are doing. Nothing in federal drug law gives that authority to the attorney general."

BARBARA COOMBS LEE, a chief petitioner of the Oregon Death With Dignity Act and co-CEO of Compassion & Choices said, "Americans cherish liberty, dignity and privacy at the end of life. No government should threaten these rights. Bills to replicate Oregon's policy decision are pending in California and Vermont. We urge lawmakers in those states to take up their responsibility to meet the needs of the dying, now that the Supreme Court has ruled."

Oregon's Death With Dignity Act was approved twice by voters and took effect in 1997. Since then 208 terminally ill, mentally competent adults have self administered a lethal dose prescribed by their physician.

Charlene Andrews, a C&C spokesperson and patient-plaintiff attended oral arguments at the Supreme Court. "It was very emotional listening to the judges. I wanted to tell them, 'Please don't call this humane law "suicide." My death is part of my spiritual journey.' "

Compassion & Choices is a non-profit organization working to improve care and expand choice at the end of life. As a national organization with more than 60 chapters and 30,000 members, we help patients and their loved ones face the end of life with calm facts and choices of action during a difficult time. We also aggressively pursue legal reform to promote pain care, put teeth in advance directives and legalize physician aid in dying.

AUDIO Press Conference Participants to be announced. Recorded Conference Available playback for 48 hours

Gonzales v. Oregon Case Resources

http://www.compassionandchoices.org/gonzales/index.php

Audio Press Conference 11am PST Contact: Claire Simons

Media Call In # 800-309-8224 Portland Oregon

503-943-6501 Cell 503-705-7350

csimons@compassionandchoices.org

Source: prnewswire

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