Pubdate: Fri, 09 Nov 2001
Source: San Jose Mercury News (CA)
Copyright: 2001 San Jose Mercury News
Contact:  http://www.sjmercury.com/
Details: http://www.mapinc.org/media/390
Bookmark: http://www.mapinc.org/ashcroft.htm (Ashcroft, John)
Bookmark: http://www.mapinc.org/props.htm (Ballot Initiatives)

ASSISTED-SUICIDE LAW WINS COURT REPRIEVE

PORTLAND, Ore. (AP) -- A federal judge Thursday temporarily blocked a 
federal order aimed at thwarting Oregon's assisted-suicide law.

U.S. District Judge Robert Jones granted the temporary restraining order 
requested by Oregon Attorney General Hardy Myers, three terminally ill 
patients and others. The order is in effect until Nov. 20.

"There is no showing that the U.S. would be irreparably impaired by a 
temporary stay" of the federal action, Jones said.

Oregon has the nation's only law allowing physician-assisted suicides. It 
has been used by at least 70 terminally ill people since 1997, all of whom 
used a federally controlled substance such as a barbiturate.

Tuesday, U.S. Attorney General John Ashcroft said Oregon doctors could lose 
their licenses to prescribe federally controlled drugs if they follow the law.

Ashcroft's order does not call for criminal prosecution, but effectively 
put the state's law on hold because a doctor would have to be willing to 
give up the right to prescribe federally controlled medicines.

The state responded with a federal lawsuit, saying Ashcroft had taken away 
Oregon's right to govern the practice of medicine.

Oregon's assisted-suicide law was narrowly approved by voters in 1994. It 
survived legal challenges and was later re-approved by a wide margin in 
1997 before it was officially signed into law by Gov. John Kitzhaber two 
years ago.

Under the law, doctors may provide -- but not administer -- a lethal 
prescription to terminally ill adults who reside in the state. It requires 
that two doctors agree that the patient has less than six months to live, 
has voluntarily chosen to die and is able to make health care decisions.
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