Oregon

1. The Little State that Could Oregon and The Death with Dignity Act Presented by: Maddie Miller Lesedi Mbatha

2. 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

3. The people of Oregon speak • 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

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

5. 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 Safeguards

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

7. The people of Oregon speak… AGAIN • Opponents said the act lacked: • a mandatory counseling provision • a family notification provision • strong residency requirements • Ballot Measure 51 of 1997attempted to reverse the Death with Dignity Act but was rejected by 60% of voters

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

9. Oregon v National Government Death with dignity? or Assisted suicide?

10. Pro-State Control • Smaller constituencies, people’s individual votes count more • Unifies entire state under clear majority • States have more power — Dual Federalism

11. Pro-Federal Control • Simple because every state has the same legislation • Strengthens Federal government-Cooperative/ Coercive Federalism

12. States had the upper hand because of the precedent set by Washington v. Glucksberg Round 1

13. 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

14. Outcome • 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

15. The states may have won the battle posed by Washington v. Glucksberg, but the National Government would challenge them again on a similar issue…. Round 2

16. Deja Vu • 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.

17. Controlled Substances Act • 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

18. Was it in Ashcrofts authority? • 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

19. Gonzales v. Oregon • 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

20. Outcome • 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

21. Although court arguments were largely secular, behind the scenes opposition to the Act was largely influenced by religion… What caused the religious disapproval?

22. It’s not what Jesus would do!!! • 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

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

24. Effects on Oregon • 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

25. Bibliography • 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