Can the Federal Government overturn Oregon's Death with Dignity Act?
No, says the 9th Circuit. And for that matter:
"The Attorney General's unilateral attempt to regulate general medical practices historically entrusted to state lawmakers," Judge Richard 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."
As the Times story points out, Senator Ashcroft, in 1997, asked Attorney general Reno to prosecute doctors that acted in accordance with an Oregon law allowing certain assistence in suicide. Reno regarded this a state matter, not to be intruded upon by federal action. As Attorney General, Ashcroft promptly changed the course, saying that doctors that prescribe lethal drugs could face prsecution. Today, the 9th Circuit overruled that directive.
Really, this is another instance of state versus federal power, I believe. Choose your side. That, or don't pretend to hold the issue of federal vs state power so dearly, only to abandon those principles when a particular issue arises.
On this issue, I'm undecided. Fortunatly for my piece of mind, though, I am not dedicated to either federal or state sovereignty. I tend to think certain issues are better met federally, while others are better met locally. indeed- I'm not so much for state power at all. More Federal and Local. Another discussion though.
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