Rehearing on assisted suicide ruling requested
- Jun 15, 2004 - comment
The Department of Justice has urged a federal appeals court to reconsider its May decision blocking a federal ban on the use of drugs to aid patients in committing suicide in Oregon.
The department asked the U.S. Ninth Circuit Court of Appeals July 12 to rehear the case as an 11-member panel, according to the San Francisco Chronicle. If the appeals court rejects the request, an appeal to the U.S. Supreme Court will be the federal government’s final legal recourse.
A three-judge panel from the court had voted 2-1 to uphold a federal judge’s injunction blocking enforcement of Attorney General John Ashcroft’s 2001 order that barred the use of federally regulated drugs for the purpose of assisting patients in committing suicide.
Oregon is the lone state that has legalized physician-assisted suicide.
In a November 2001 directive, Ashcroft declared the use of drugs regulated by the Controlled Substances Act in assisted suicide is not allowed. While his ruling did not overturn Oregon law, it meant physicians who prescribe or pharmacists who distribute federally controlled substances to aid in suicide may have their licenses to prescribe and dispense such drugs rescinded.
In 2003, 42 people committed suicide in Oregon using drugs prescribed by doctors, according to the state’s report. That is the highest annual total since assisted suicide was legalized. A total of 171 persons have died by assisted suicide in Oregon.