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BUSH ADMINISTRATION ASKS SUPREME COURT TO PREVENT DRUG USE FOR ASSISTED SUICIDE.
The Bush Administration has asked the U.S. Supreme Court to overturn a ruling by the Ninth Circuit Court of Appeals that has prevented implementation of Attorney General John Ashcroft's 2001 directive that federally controlled drugs not be used to assist suicides.
To date, only Oregon has specifically legalized prescribing lethal drugs to assist suicide. These drugs are all regulated by the federal Controlled Substances Act. The Attorney General ruled that causing a patient's death is not a "legitimate medical purpose," which regulations require in order for a doctor legally to prescribe these federally controlled drugs.
The state of Oregon sued, and convinced the district court and court of appeals that even though the Controlled Substances Act is a federal law, interpretation of what is a "legitimate medical purpose" should be left to state-by-state determination rather than a uniformly applied judgment made by the federal agency that enforces the law.
"That holding," the Bush Administration's petition to the Supreme Court in Ashcroft v. Oregon said, "stands the proper relationship between the federal and state governments under the Constitution on its head."
The Ninth Circuit said its holding was required in order to avoid the constitutional question whether Congress has authority, under the Constitution's "Inter-state Commerce Clause," to determine what is and is not legitimate medicine for the purpose of regulating the use of federally controlled drugs. That question may be greatly affected by another case now before the Supreme Court concerning "medical use" of marijuana.
On November 29, 2004, the Court heard oral arguments in Ashcroft v. Raitch, in which the same Ninth ...
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Source: HighBeam Research, BUSH ADMINISTRATION ASKS SUPREME COURT TO PREVENT DRUG USE FOR...