Federal Judge Overturns Ashcroft Assisted Suicide Ruling; Appeal Expected.(Robert Jones and John Ashcroft)

In a 30-page opinion that often read more like a political speech than a legal opinion, Federal District Court Judge Robert Jones criticized Attorney General John Ashcroft for what Judge Jones claimed was Ashcroft?s attempt to ?stifle an ongoing, earnest and profound debate in the various states concerning physician-assisted suicide.?

Jones struck down Ashcroft?s November 6, 2001, determination that federally controlled drugs may not be used to assist suicide in states, like Oregon, that have legalized it as a matter of state law.

More significant than the specific arguments in Judge Jones?s opinion may be when he issued his decision--just five months after the suit was filed. The most salient point about Jones?s ruling is that it is expected to be appealed to the Ninth Circuit Court of Appeals. Once the appeals court makes its decision, the losing party will take it to the United States Supreme Court.

Because vulnerable patients will continue to die in Oregon for as long as the litigation continues, anything that speeds up the process is good news.

In the four years Oregon?s ?Death with Dignity? law has been in effect, 91 people have been ?helped? by physicians to end their own lives.

Following Judge Jones?s April 17 decision, Robert McCallum, an assistant attorney general, told reporters, ?Terminally ill patients are among the most vulnerable members of our society.? McCallum added, ?Medical studies make clear that these individuals often suffer from undiagnosed depression and inadequately treated pain. A just and caring society should do its best to assist in coping with the problems that afflict the terminally ill. It should not abandon or assist in killing them.?

Judge Jones?s decision is full of critical remarks about Attorney General Ashcroft and praise for the ?excellent analysis? of euthanasia proponents. He invokes his status as a former Oregon state legislator, and seems to want to set himself up as defender of the state of Oregon against the federal Goliath.