Oregon's assisted suicide law upheld

[Martha]

The US Supreme Court upheld Oregon's one-of-a-kind physician-assisted suicide law today, rejecting a Bush administration attempt to punish doctors who help terminally ill patients die.

The court held that a federal drug law does not override the 1997 Oregon law used to end the lives of more than 200 seriously ill people.

Oddly, this again is a state rights vs. federal law issue. I am always fascinated when a purportedly conservative justice votes against a state and for the feds. This tells us a lot about Roberts, the new Chief Justice, who dissented along with Scalia and Thomas.

This decision is important not just for Oregon, and not just for assisted suicide issues, but for all states and for all doctors. Medical professionals can be easily scared off from prescribing pain managment drugs, fearing prosecution by the feds. This decision should give medical people some comfort anyway.

 

[Brat]

This tells us a lot about Roberts, the new Chief Justice, who dissented along with Scalia and Thomas.

So much for Justices who believe in strict construction of the Constitution and keeping the Fed out of our day-to-day life decisions!! I am delighted it was a lop-sided vote.

 

[Sheryl]

I was very happy to see the headline about the decision. Didn't know that Roberts went with the dissenters.

Bush's impact on the makeup of the court is going to be a more lasting and frightening impact than anything he's done in Iraq.

I feel very strongly about the right to "assisted suicide" or "death with dignity." The methods we are able to use now are barbaric (as my grandmother was subjected to last month). We are able to pump someone with morphine and wait for them to starve. I was going to get started on a long rant, but I think I just won't. It ticks me off too much.

 

[Martha]

A quote from Scalia's dissent:

The prohibition or deterrence of assisted suicide is certainly not among the enumerated powers conferred on the United States by the Constitution, and it is within the realm of public morality ... traditionally addressed by the so-called police power of the states. But then, neither is prohibiting the recreational use of drugs or discouraging drug addiction among the enumerated powers. ...

"Unless we are to repudiate a long and well-established principle of our jurisprudence, using the federal commerce power to prevent assisted suicide is unquestionably permissible.

And Scalia is supposed to be a "strict constructionist" (whatever that really means).

Sure, the federal power to regulate commerce among the states has a lot to do with assisted suicide.

 

[unclemick]

Sheryl

My Mother, age 89, last Dec. Ranting doesn't help - it least not for me.

I only hope - there's enough of my ability left at the time - physical and mental - for the bottle of vodka and snowbank when it's my turn.

Also most states have legal rules on cremation. So the wooden boat and flaming arrows are probably out.

I do have a 'modified Viking funeral service written in detail into my will though.'

As for the rest - screw the law - I will do the 'right thing' to the best of my ability if possible - when it comes to family wishes.

 

[Sheryl]

Sheryl

My Mother, age 89, last Dec. Ranting doesn't help - it least not for me.


As for the rest - screw the law - I will do the 'right thing' to the best of my ability if possible - when it comes to family wishes.

I agree - maybe if enough of us do the right thing the law will follow.

Martha: When I studdied con-law it amazed me how the commerce clause got extended to anything that by any stretch of the imagination could be thought to involve more than one state.

 

[Nords]

The US Supreme Court upheld Oregon's one-of-a-kind physician-assisted suicide law today, rejecting a Bush administration attempt to punish doctors who help terminally ill patients die.
This decision should give medical people some comfort anyway.

I wonder what Dr. Kevorkian is up to now?

 

[kat]

Roberts, Thomas, and Scalia all have close ties to my alma mater, Holy Cross. It makes me mad.

kate

 

[hodadus]

Watched my "Pop" pass at the early age of 61 from the complications of diabetes. Dad and other family members talked with his Doc, a family friend, about a dignified way to end his pain. The response was the "three monky" routine. He was afraid to even discuss it for fear of losing his liscense to practice medicine. Wish he had lived in Oregon.

-hodad

 

[Outtahere]

I've watched several family members and friends die in pain or so drugged that it was like they were gone already. Given a choice I believe half of them would have chosen their own way out. When I think of this I remember Terry Schiavo and the hell she was put through. Starving someone to death is not the humane thing to do IMO.

 

[cute fuzzy bunny]

But then, neither is prohibiting the recreational use of drugs or discouraging drug addiction among the enumerated powers. ...

I like the argument. "We're doing this other dumb invasive 'we wanna tell you how you can and cant screw up your life' thing that costs a lot of money to do and isnt even slightly effective, so that means doing this other thing where we impose our morals on you is also a-ok."

Got it.

Still going back to the old saw that there are two kinds of people in the world: the ones that just want to live their life however they wish as long as it doesnt hurt others and the ones that want to tell you how you should live your life. The latter think they're helping. The former really, really dont want the help. 98.26% of all of lifes problems spring from the latter group of people.

 

[grumpy]

The whole thing with the gov't and death is SO screwed up! Take a look at this blog:

http://zoomedin.blogspot.com/2006/01/dont-die-on-us-now-old-man.html


Grumpy

 

[Martha]

Grumpy, I thought that was odd as well, to revive a condemned person from a heart attack so they could execute him.

The state can't execute a person who is psychotic while on death row. So do you then force them to take unwanted antipsychotic drugs so you can execute them? Yup. http://litigationcenter.bna.com/pic2/lit.nsf/id/BNAP-5JWSCR?OpenDocument

 

[cute fuzzy bunny]

Martha - its just more of the 'latter type' of people. They didnt want him to die unless it was when they said it was ok to. Either that, or you cant have the SOB die more or less peacefully without the dead man walking routing...

 

[Martha]

Yup. I agree.

 

[Howard]

50% of the monies spent in Canada's health care system is spent on people who will die anyway.

Holland has aggressive strategies in this area, they will not even try to save neonates who weigh less than 500gms, because invariably these children are severly handicapped and present enormous burdens to the Parents.

My Mother died of CA, she wanted to go, they would not let her.

My Wife and I have Happy Pill pact, my wife being a Nurse is most conscious of needless suffering.

PLEASE , sign your Organ Donor card, the gift you give will keep on giving.

 

[TomSimpsonAZ]

I wish we had more diversity within the states of our country.  Things are starting to feel pretty homogenous in this whole country.

 

[MasterBlaster]

50% of the monies spent in Canada's health care system is spent on people who will die anyway.

Were all going to die, so isn't all money spent on medical care spent on people who will die anyway ?

Those stats fit pretty well in the US too. About a third of total Medicare money is spent in the last two years of a patients life.
http://www.ncpa.org/pub/ba/ba408/ba408.pdf

 

[sailor]

I do have a 'modified Viking funeral service written in detail into my will though.'

unclemick - do you mind sharing, how modified it is?
When we were doing our wills we both decided to be cremated and the ashes sprinkled in place we sailed
(I opted for Gulf of Mexico or Atlantic coast, ever pragmatic DW said Lake Lanier)

 

[Sheryl]

PLEASE , sign your Organ Donor card, the gift you give will keep on giving.

Thanks for bringing this up Howard.  It is SO important to SO many people.

DO IT!


[Edit - oops maybe too much enthusiasm - I wouldn't want anyone on this forum to think I was telling them what to do, if they didn't want to do it. Just expressing my opinion].

 

[Brat]

Oregon's law has several safeguards against abuse. Not only must the patient request the meds from their physician, another physician must review the medical records to confirm that the patient likely has less than 6 months to live and receiving adequate pain relief, and the patient must meet with a Psychiatrist who confirms that the patient is of sound mind and acting of their own volition. It isn’t easy.

Many patients who receive the meds die without taking them.