Thursday, May 27, 2004

Oregon state's rights upheld

LaBelle forwards the story.

A federal appeals court yesterday upheld the only law in the nation authorizing doctors to help their terminally ill patients commit suicide. The decision, by a divided three-judge panel of the United States Court of Appeals for the Ninth Circuit, in San Francisco, said the Justice Department did not have the power to punish the doctors involved.

The majority used unusually pointed language to rebuke Attorney General John Ashcroft, saying he had overstepped his authority in trying to block enforcement of the state law, Oregon's Death With Dignity Act.
  NY Times article

Once again, Repuglican hypocrisy - state's rights - less federal government, my ass.

"The attorney general's unilateral attempt to regulate general medical practices historically entrusted to state lawmakers," Judge Richard C. Tallman wrote for the majority, "interferes with the democratic debate about physician-assisted suicide and far exceeds the scope of his authority under federal law."

Frankly, I don't think the Attorney General believes there is a limit to his authority. I suppose I could be wrong.

Anyway, he's not acquiescing on this just yet.


Photo by TJ at POAC

....but hey, do what you want....you will anyway.