The US Supreme Court has upheld a law allowing doctors in the state of Oregon to help terminally ill patients die, in a defeat for the Bush administration.
Justices voted 6-3 to back the law, under which doctors are thought to have assisted with at least 208 suicides.
The ruling could free other states to pass laws like Oregon’s, which is the only one of its kind in the US.
New Chief Justice John Roberts was in the minority in the court’s first major case on ethics since he joined it.
Another tiny step away from faith-based pettifoggery.
I hope this is a new trend — telling the government to mind it’s own damn business. Now if my gay friends can just get married and I can smoke pot without being a criminal I’ll be happy.
Today’s US Supreme Court decision is most welcome to those of use who’ve been fighting for the ultimate civil liberty — the right to choose to die.
But I fear the Bush regime will now take the Oregon law
to the Congress and try to get it repealed. At the same time I suspect they’ll try and ban physician-assisted suicide permanently and everywhere in the US.
As with Roe v. Wade, the extreme right will never give up trying to take away personal choice and replace it with religious faith. — Derek Humphry (‘Final Exit’)
Having seen the wonderful adaptation of Pride and Prejudice recently, this passage came to mind:
“Don’t judge me, Lizzie. I’m 28 years old. No job. No money…. No prospects.”
This is a difficult problem for US politicians. While most of them will agree in private that they’ve had personal experience in wishing to end an individuals suffering, public support can be political suicide. This is a topic that the Roman Catholics and Protestant Fundamentalist will attack you on. Constitutionally it should be a states rights issue.
The case wasn’t exactly about assisted suicide, but what medicines doctors can prescribe, and whether Oregon can override federal law on that point. If it were just assisted suicidfe, it wouldn’t surprise me if the decision were 9-0, but instead we get 6-3.
Does anyone remember to Sci-fi Movie “Logans Run” (1976).
http://www.imdb.com/title/tt0074812/
Its about a society based on the idea that if you are over a certain age you are no longer usefull to scocity and the state kills you.
Are any of the civil libertarians out their scared that this issuse may be the first step to that fiction becoming a reality?
I’m all for compasion and mercy for those in pain, but do we really want a government (local or otherwise) that supports death as a medical treatment !?
“Are any of the civil libertarians out their scared that this issuse may be the first step to that fiction becoming a reality?”
Um… no. Not really.
It’s not supporting death as a treatment, it’s saying “when there is no other treatment then we don’t need to force the doctors to prolong life needlessly, and often painfully.”
Big, big, difference. Real big. Huge in fact.
The problem with the decision is that it is really a non-decision. They said that it is up to the states to decide when a terminally ill patient can do. So, if I ever get that sick, I should make sure I live in one of the blue states?
it’s called federalism Jim. That’s how our government was designed to work.
Jim W
I’m all for compasion and mercy for those in pain, but do we really want a government (local or otherwise) that supports death as a medical treatment !?
In case you missed it, this was whether the Federal Government could sanction physicians who prescribed drugs to help terminally ill people commit suicide.
In order to qualify for Oregon’s Assisted Suicide law, you must have a terminal illness diagnosed by at least two physicians and you must be of sound mind, capable of making your own decisions.
If Congress wants to intervene and restrict potent drugs from being used in this way they probably could. They would do so at their own peril though. I think most politicians saw the publics backlash against the intervention into Terry Schiavo’s case. As I recall, about 2/3 of the public sympathized with Terry and only 1/3 with Bush, Terry Randell, Frisk, Delay, and the Pope. People are very afraid of dieing in pain or lingering unconscious for a long time. Any attempt to interfere would probably be detrimental to individual politicians.
A bit of trivia
It happens that the logo at the top of this Dvorak page was designed by me (no copyright) in l980 when I started the Hemlock Society in my garage in Santa Monica. The Society ‘died’ in 2003 when merged with others.
The tiny plant blowing in the wind is a sprig of the weed hemlock. The ancient Greeks and Romans knew how to use it for suicide but we seem to have lost that knowledge. Anyway, today there are better ways.
Derek Humphry, of ERGO, ergo@efn.org
Supreme Court Victory – But What Does It Mean?
Finally, after more than four years under assault, the Supreme Court upheld Oregon’s physician assisted suicide law, rejecting Attorney General John Ashcroft’s use of the Drug Enforcement Administration (DEA) to conduct an assault on doctors who prescribe lethal doses to end the suffering of individuals who are terminally ill. The battle is far from over, however. This ruling merely preserves the status quo, and only in one state. And the stringent Oregon law only applies only to individuals who have less than six months to live.
Since 1998 estimates are that slightly fewer than 250 individuals have found the peace and dignity they deserve under the Oregon law. Meanwhile, in the other 49 states, no such law exists. That’s why we formed Final Exit Network. Since Final Exit Network’s launch in September, 2004, 28 individuals in many states have exercised their Last Human Right © with the support of a Network Exit Guide. Right now, with the Network’s help, at least 45 individuals are actively setting the stage for their own peaceful, dignified deaths.
We support the valiant efforts of the Oregon Attorney General’s Office defending this important law. We also applaud the efforts of our colleagues in the death-with-dignity movement to change the laws. However, we feel that legislative change will not come soon enough for the many people who need help NOW and in the interim! Even if physician-aid-in-dying laws are passed in other states, will the Justice Department assault them as well? It is telling that new Chief Justice John Roberts cast a dissenting vote in this 6 – 3 decision. If candidate Alito is appointed to replace Justice O’Connor, would he vote to uphold or overturn this crucial right? We can’t afford to wait to find out. As Derek Humphry says, ‘Until laws protect the right of every adult to a peaceful, dignified death, Final Exit Network will be there to support those who need relief from their suffering today!’
Ted Goodwin
President, Final Exit Network
http://www.finalexitnetwork.org
““Are any of the civil libertarians out their scared that this issuse may be the first step to that fiction becoming a reality?””
“Um… no. Not really.”
Had you ever actually worked around hospitals and viewed the lack of respect a certain percentage of doctors (yes, a minority, but rather larger than you’d think) show for human life then you’d think differently. But you won’t hear many people talk about that fact.. at least not in public, or in the media. Better hope you don’t get one of the crappy doctors that needs to free up a bed and decides 60 is “old enough” for you to have lived to.
Then again, with you Yanks, the health care is all about money, so maybe there’s a reason to try to keep you alive as long as possible. In the UK, where there’s the glorious NHS, once you’re past about 55 you’re viewed as a drain on resources, and you’re made to feel that way by some. If you have a terminal illness certain doctors really can’t have you dead and out of the way quick enough. Unfortunately I speak from SEVERAL bitter experiences.
That’s why such laws, no matter how “well meaning”, are incredibly dangerous. But I guess a few old folks being killed prematurely just to serve some sort of principle doesn’t matter. They’re old anyway, and doctors are only good. There’s never any asshole doctors ever. Never in the history of the earth. That’s why it’s such a great idea! They’ll always attempt to put forth other solutions to patients, often suffering depression as well as their illness, before reluctantly offering them the option. Because, of course, doctors always do the right thing and are only good. And, if they’re not, all these safe guards will ensure nobody ever ever abuses the system. God bless bureaucracy! With it watching over you you’ll never have to worry!
..At least until YOU’RE old or sick..