February 22, 2005

THE GOVERNOR IS SELF-EVIDENTLY WRONG:

High court to review assisted suicide law (HOPE YEN, February 22, 2005, Associated Press)

The Supreme Court stepped back into the right-to-die debate Tuesday, agreeing to hear the Bush administration's challenge to a unique state law allowing doctors to help terminally ill patients die more quickly.

The decision to review Oregon's law during the session beginning in October sets up another fight over whether states or the federal government should decide the delicate question.

The same nine justices sided with states in 1997, but four years later Attorney General John Ashcroft declared that federal drug laws prohibited doctors from prescribing lethal doses. An appeals court rejected that interpretation and the Bush administration is appealing the decision.

Since the Oregon law took effect in 1997, more than 170 people have used it to end their lives. The law is meant for only extremely sick people - those with incurable diseases who two doctors agree have six months or less to live and are of sound mind.

Oregon Gov. Ted Kulongoski, a Democrat, said the Bush administration is trampling on state's rights.


Just as states rights didn't give you the right to enslave people just because they were black it doesn't give you a right to kill them just because they're ill.

Posted by Orrin Judd at February 22, 2005 4:45 PM
Comments

States Rights DID give people the right to enslave people of whatever color until the War Between the States and the XII and XV amendments to the Constitution. It also permitted states like New Hampshire to have religious tests for holding state and local elected office.

Posted by: Earl Sutherland at February 22, 2005 5:00 PM

I have only one word for the Governor of Oregon: Lincoln. If he doesn't get the hint, we should try two words: Grant and Sherman.

Posted by: Luciferous at February 22, 2005 5:10 PM

I'm sure this should bother me more than it does, but in our Red State turned Blue (by just 3 large counties), seeing the Left vehemently fight to kill themselves is . . . well . . . a problem that is ultimately self resolving?

Posted by: John Resnick at February 22, 2005 5:52 PM

Voted for assisted suicide twice, I did. Also voted for both Bushes, twice each. Ditto Reagan.

Love this blog, too.

Life is complicated.

Posted by: ghostcat at February 22, 2005 7:15 PM

I am opposed to assited murder. However, This is not a Federal issue. Slavery as Earl pointed out above, was not a federal issue until the 15th amendment.

However, Earl, the States still have the right to establish religions and religious tests, even if the nine old women can't read the Constitution.

Posted by: Robert Schwartz at February 22, 2005 7:21 PM

"seeing the Left vehemently fight to kill themselves"

Except fhat far to often they seem willing to take the rest of us with them.

(And if you can't figure out a way to get yourself killed, even if a quadriplegic, without a doctor doing it for you, you deserve to live.)

Posted by: Raoul Ortega at February 22, 2005 8:25 PM

The Oregon "Death With Dignity" law is supported by at least 60% of the electorate here ... including many Republicans and conservative Democrats. The 40 or so terminally ill folks who use it every year are typically above average in intelligence, accomplishment, and economic means. The common denominator among them appears to be an unusually strong independent streak.

The most virulent opponents tend to be slippery-slopers. Weak argument, that.

Posted by: ghostcat at February 22, 2005 9:12 PM

Yeah, when has euthanistic thinking ever led to further horrors?

Posted by: oj at February 22, 2005 10:01 PM

i don't get this "youth in asia" thing at all...

Posted by: cjm at February 22, 2005 10:08 PM

i don't get this "youth in asia" thing at all...

what ? are you sure ? oh...never mind

Posted by: cjm at February 22, 2005 10:09 PM

It's not euthanasia. It's suicide. A choice freely made by a terminally ill, mentally competent patient. The doctor counsels the patient and, if requested, writes a prescription for the lethal drugs. The patient then chooses when, where and whether to use those drugs. The patient is fully in control to the end.

Roughly 1/3 of the patients forego the prescribed drugs and opt for a natural death, an outcome which is facilitated by one (very much intended) consequence of the Oregon law: a vast improvement in palliative care.

Posted by: ghostcat at February 22, 2005 11:05 PM

they are, by definition, not competent to make the decision and, by definition, demanding murder, rather than comitting suicide. They're free to kill themselves, not to force others to or to give others cover to.

Posted by: oj at February 23, 2005 12:37 AM

From slippery slope to strawman? That's just not the way the Oregon law works, in either theory or practice.

And I quite agree that no person should be allowed to compel another to kill him. Or even to knowingly furnish the means for suicide. Physicians here are not required to prescribe lethal drugs for assisted suicide, merely allowed to.

There is, as you would hope, a good deal of disagreement about all this within Oregon's legal, medical and religious communities.

Posted by: ghostcat at February 23, 2005 1:55 AM

Yes, they should not be allowed to have others murder them--it's not a crime that can be consented to. The Feds ought to prosecute.

Posted by: oj at February 23, 2005 8:28 AM

Ghostcat--look at Holland. Oregon type laws are where it begins--it will not stop there. Yes, a slippery slope argument but an accurate one. Most slopes are indeed slippery.

Posted by: Bob at February 23, 2005 11:59 AM

It's illuminating that the most vocal opposition to these laws comes from disabled groups.

Not Dead Yet

Some moralists will tell you not to make a decision for peopel via legal fiat, because you can't know how they feel.

They get very quiet when faced by groups like the above.

Posted by: Judd at February 23, 2005 2:11 PM

Judd:

And those who make it through the initial depression. For instance, Christropher Reeves mother tried getting him to let himself be murdered ten years before he died--because who would possbly want to live that way...

Posted by: oj at February 23, 2005 2:19 PM

Slippery-slope arguments evince a cetain lack of trust, faith, and/or poise. Oregonians, a defiant and not-that-liberal bunch, have been coexisting very nicely with this law for 8 years. The takers have been rare, indeed, and nobody's been unwillingly tossed into the cart.

Let's let this laboratory work. Sometimes a great notion.

Posted by: ghostcat at February 23, 2005 4:28 PM

Arguments against the slippery slope betray a dangerous naivete.

Labratory is an apt analogy, but people aren't rats.

Posted by: oj at February 23, 2005 5:06 PM

Life is a slippery slope. And who sez people ain't rats?

Posted by: ghostcat at February 23, 2005 6:55 PM

No one who thinks they should be killed when inconvenient.

Posted by: oj at February 23, 2005 6:58 PM

We are become Bugs and Daffy. I respect your position and agree with your last comment. But I continue to support Oregon's Death With Dignity law. Not as the first step towards euthansia, but as the last step in palliative care. I would go no further, nor would most Oregonians. "Live Free or Die" is more than a license plate slogan.

Posted by: ghostcat at February 23, 2005 7:12 PM

ghostcat:

It's distinctly not palliative care and they seldom tell you when it's the first step towards euthanasia.

Posted by: oj at February 23, 2005 8:55 PM

It's both. And neither. Sits right there on that fine red line. Wouldn't want it to go any further, nor do most Oregonians.

And the "they" and "you" are my family, friends and neighbors. The law was passed by citizen ballot initiative, not by the legislature.

Posted by: ghostcat at February 23, 2005 9:59 PM

ghost:

There are always majorities opposed to the weakest.

Posted by: oj at February 24, 2005 12:18 AM

The Natural Law of Social Darwinism? Bugs&Daffy, indeed!

My, but you're the night owl. Good evening, sir.

Posted by: ghostcat (UVM '65) at February 24, 2005 1:08 AM
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