Nightingale Alliance® Euthanasia Opposition - Resources, End of Life Alternatives

Oregon narrowly approved the Death with Dignity Act by a vote of 51% to 49%. Oregon became the first government in the world to legalize physician-assisted suicide.
U.S. District Judge Michael Hogan issued a preliminary injunction indefinitely halting Oregon's Death with Dignity Act after a weeklong hearing in Lee v. Harcleroad.

1995

Judge Hogan permanently enjoined Oregon's Death with Dignity Act, issuing an opinion that the law unconstitutionally failed to provide equal protection of the law for terminally ill persons.

1997

The Ninth Circuit U.S. Court of Appeals overturned the District Court decision and ruled that the Oregon Death with Dignity Act is constitutional.
The Family Law subcommittee of the Oregon state legislature approved H.B. 2954, a proposal to place the Death with Dignity Act back on the ballot to reverse the 1994 decision by the citizens of Oregon to legalize physician-assisted suicide.
The Oregon Medical Association's House of Delegates voted to oppose the Death with Dignity Act because "the Measure is seriously flawed."
Oregon's House of Representatives and State Senate voted to repeal the Oregon Death with Dignity Act. This was the first time in Oregon history that the legislature ordered a repeat election on an initiative that voters had already approved.
The U.S. Supreme Court refused to hear an appeal from the Ninth Circuit U.S. Court of Appeals. This removed all legal obstacles preventing the Oregon law allowing physician-assisted suicide from going into effect.
The citizens of Oregon failed to repeal the Death with Dignity Act by a margin of 60 to 40 percent. After the reversal vote failed and all court challenges were exhausted, Oregon's law to allow physician-assisted suicide went into effect.
Thomas Constantine, Administrator of the U.S. Drug Enforcement Administration (DEA), sent a letter to Congressman Henry Hyde declaring that "delivering, dispensing, or prescribing a controlled substance with the intent of assisting a suicide would not be under any current definition a Œlegitimate medical purpose'." This declaration had the effect of making the Oregon physician-assisted suicide law inoperable.

1998

The Oregon Health Services Commission voted to add assisted suicide to the priority list of treatments provided to Medicaid patients under Oregon's Health Plan. Lethal drugs became part of "comfort care" services.
It was reported that Oregon's first use of physician-assisted suicide occurred. Compassion in Dying found a physician willing to assist in the suicide because the patient's physician, as well as a second doctor, concluded she was depressed and they were therefore unwilling to assist in her suicide.
U.S. Attorney General Janet Reno reversed the DEA policy, ruling that the Controlled Substances Act "does not authorize DEA to prosecute, or to revoke the DEA registration of, a physician who has assisted in a suicide in compliance with Oregon law."

1999

Researchers from the Oregon Health Division (OHD) presented their first analysis of the state's first year under the Oregon Death with Dignity law. Fifteen people used the law to commit suicide. Only one patient cited fear of pain as a motive for suicide. At least one patient had to "shop" for a pro-euthanasia physician to assist her after two treating physicians denied her request.
Oregon's "safeguards" against abuse may have failed after an assisted suicide case where an 85-year-old woman with cancer and early stage dementia was given a lethal overdose. The woman's daughter shopped around for physicians until she found one who would conclude her mother was competent to choose death.

2000

Twenty-seven terminally ill Oregonians used the nation's only physician-assisted suicide law to end their lives in 1999. It was an increase of 11 over 1998.

2001

The Oregon Health Division released the annual report on the practice of physician-assisted suicide for 2000. Twenty-seven patients died from the drugs given by physicians. There were actually 39 prescriptions handed out and as of December 31, 2000, 26 patients had used the drugs, eight had died from their illness and five were still alive. One death was from a prescription dispensed in late 1999.
U.S. Attorney General John Ashcroft ruled that assisting suicide is not a "legitimate medical purpose" under the federal Controlled Substances Act. Consequently, under the Ashcroft ruling physicians are prohibited from using their federal licenses to prescribe controlled substances for the purpose of causing patients' deaths. The only jurisdiction affected by this ruling is the State of Oregon.
The State of Oregon filed a suit against the U.S. government to block the ruling issued by U.S. Attorney General Ashcroft. U.S. District Court Judge Jones issued a temporary restraining order, indicating he would rule in mid-April 2002.
Judge Jones issued his ruling in the Oregon v. Ashcroft case. He said that the federal government does not have the authority to overturn Oregon's Death with Dignity law.
U.S. Attorney General Ashcroft appealed to the Ninth Circuit U.S. Court of Appeals, seeking to overturn Judge Jones' decision.

Posted on June 26, 2004.