Saying No to Assisted Suicide.(Brief Article)

When Oregon voters legalized assisted suicide in 1994, state regulators had a problem. They wanted to authorize doctors to prescribe barbiturates as killing agents. But the federal government regulates the use of these drugs under the Controlled Substances Act, and federal law did not permit their use to intentionally kill.

Ordinarily, that would have been that. The feds, not the states, have the final say about what would and would not be a proper use of drugs governed by the Controlled Substances Act. Unfortunately, Oregon's assisted suicide law went into effect during the Clinton years, when principle and the rule of law were rarely allowed to impede political expedience. Thus, it was hardly surprising when former Attorney General Janet Reno declared that she would not enforce federal law against Oregon's doctors who assisted patient suicides, thereby permitting a state to nullify the federal proscription against using controlled substances to kill.

Proponents of assisted suicide were thrilled. Their Oregon beachhead secure, they expected to spread their dark agenda nationwide. Instead, they have been turned back by a potent alliance of liberal disability rights activists, pro-lifers, members of the hospice movement, medical professionals, and advocates for the poor and minorities. Only seven years after the Oregon law passed, the landscape has dramatically changed: Jack Kevorkian is in prison for murder; initiatives attempting to legalize assisted suicide failed in Michigan in 1998 by 71-29 percent and in Maine last year by 51-49 percent; and the U.S. Supreme Court, followed by Florida and Alaska high courts, all ruled that there is no constitutional right to assisted suicide.

And now, assisted suicide in Oregon has taken a body blow. Last Wednesday, Attorney General John Ashcroft issued a memorandum to Asa Hutchinson, the new head of the Drug Enforcement Administration, (DEA), reversing Reno's decision. Oregon regulations will no longer override the Controlled Substances Act. "Assisting suicide is not a `legitimate medical purpose'" under the meaning of that act, Ashcroft stated, and doctors who assist suicides act "inconsistently with the public interest." Accordingly, even though assisted suicide remains legal in Oregon, the DEA will now be authorized to revoke the federal prescribing license of any doctor who uses controlled substances lethally rather than medically.

Predictably, Oregon has sued, its politicians bellowing that their "state's rights" have been violated. But this is nonsense. Ashcroft based his decision on the recent 8-0 Supreme Court decision in United States v. Oakland Cannabis Buyers' Cooperative, which ruled that while California was free to legalize medical marijuana all it wanted, the state's decision did not prevent the federal government from enforcing federal law proscribing the use of marijuana for any purpose.

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