Presented by: Maddie Miller Lesedi Mbatha. The act stated that any terminally ill Oregon resident...

Presented by:

Maddie Miller

Lesedi Mbatha

• The act stated that any terminally ill Oregon resident can request a prescription for a lethal dose of medicine to end his or her life from his/her physician

• Participation by physicians is voluntary

• The law protects doctors from liability

• Ballot Measure 16 of 1994 established this Death with Dignity Act– The measure was

approved on November 8th by a slim margin of: 627,980 votes (51.3%) for, 596,018 votes (48.7%) against

There were some in Oregon that challenged the act saying it lacked enough provisions, while proponents felt the current safeguards were sufficient….

• The Patient:– Must make two verbal

requests to his or her physician—with a 15 day separation between the requests

– Must make a written request to the physician, witnessed by two witnesses who are not related or primary care givers

– Is able to rescind the request– Must be over 18– Self-administers the drugs– Must be estimated to be dying

within 6 months

• The Law Requires:– Attending physician is

licensed in Oregon– The diagnosis must be

certified by a counseling physician-who must certify that the patient is mentally capable to make the decision

– The patient is informed of alternatives

– The physician request that the patient notify his or her next-of-kin

Despite the safeguards, the opponents were still not satisfied, and challenged the act…

• Opponents said the act lacked:– a mandatory counseling

provision– a family notification

provision – strong residency

requirements• Ballot Measure 51 of 1997

attempted to reverse the Death with Dignity Act but was rejected by 60% of voters

When the act was not defeated in-state the national government stepped in…

• Smaller constituencies, people’s individual votes count more

• Unifies entire state under clear majority

• States have more power — Dual Federalism

• Simple because every state has the same legislation

• Strengthens Federal government-Cooperative/ Coercive Federalism

States had the upper hand because of the precedent set by Washington v. Glucksberg

• Brought to the courts in 1997, it questioned whether or not the Natural Death Act violated the Due Process Clause of the 14th Amendment since it prevented people from choosing to end their lives– Natural Death Act banned assisted suicide

• Justices claimed the right to assisted suicide was not protected by the 14th amendment

• Ruled Washington’s ban:– protected medical ethics– prevented terminally ill people from the pressure to

end their lives– promoted the preservation of life

• BUT IT ALSO let continue develop their own policies, thus promoting New Federalism

The states may have won the battle posed by Washington v. Glucksberg, but the National Government would challenge them again on a similar issue….

• In 2001, Attorney General John Ashcroft declared the 1994 Death and Dignity act violated the 1970 Controlled Substances

• He threatened to revoke the medical licenses of those who took part in assisted suicide.

• The legal basis by which the manufacture, importation, possession, and distribution of some drugs are enforced by the federal government

• Allows the US to meet it’s obligations under international treaties—Single Convention of Narcotics & Convention of Psychotropic Substances

• He’d need:– To ignore the precedent

that gives pejorative of medical practices to the state

– Overrule a 1998 Janet Reno ruling

• She ruled states have the right to determine what is a legitimate use for federally controlled substances

– Override two legal Oregon elections

• In 2006, the Supreme Court debated whether or not the Control Substances Act could allow Ashcroft to forbid the use of controlled substances for assisted suicide

• The Court concluded that The Controlled Substances Act was meant to prevent doctors from drug dealing

• Attorney general can’t declare a state’s medical practice to be illegitimate

Although court arguments were largely secular, behind the scenes opposition to the Act was largely influenced by religion…

What caused the religious disapproval?

• Euthanasia is against the word/will of God

• It’s said to weaken a societies respect for the sanctity of life

• Suffering may have value– After all Jesus suffered

for the sins of mankind but did not ask to be euthanized

Despite attempts by the National Government, Oregon won out and death with dignity has continued to this day…

• As of 2006, only 236 people have used the Death with Dignity Act to end their life

• A majority of those who opted for assisted suicide were caucasian, married, with college degrees

• Most participants suffered from lung disease, pancreas and breast cancer, and malignant tumors

• www.bbc.com• www.TIME.com• www.deathwithdignity.org • State of Oregon:• www.oregon.govt/dhs/faqs.shtml• Death with Dignity Annual Reports:• www.egov.oregon.gov/DHS/ph/pas/ar-

index.shtml