Euthanasia in Oregon
Oregon is currently the only state that gives the terminally ill the right to decide how and when they want to die. This is known as “Oregon’s Death with Dignity Act” which lets ill, competent patients, who have less than six months to live, choose their preferred lethal dose of medication after they confer with two doctors. Since this right is present in only one state, it causes controversy. David Sarasohn in “No Last Rights” discusses Attorney General John Ashcroft’s challenge to the 1997 Supreme Court decision, which gave doctors in Oregon the right to prescribe federally controlled substances intended to euthanize. Ken MacQueen in “Choosing Suicide” reflects on various cases of euthanasia, differences in lawmaking on euthanasia between Canada and Oregon, and illegal acts of euthanasia.
Sarasohn begins his article by acknowledging how Ashcroft valiantly takes the task of confronting the voters of Oregon to contemplate euthasasia during a week when anthrax and 9/11 were pressing issues for Ashcroft. In the article, Ashcroft states how using federally controlled substances, for the purposes of assisting suicide, violates the Controlled Substances Act (Sarasohn 8). The author states broadly how Ashcroft throws out the Oregon euthanasia law, not specifying the effect his challenge had on the law. It is important to note that Ashcroft’s reversal of the 1997 Supreme Court ruling does not prohibit medically assisted suicide in Oregon. However, it does forbid the usage of federally controlled drugs to kill a patient. The conclusion of the article talks about the Bush administration commending the decision and how Ashcroft sent out a DEA administrator to implement the new ...
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... of his explanations are unclear and vague, making the reader want to do additional research on the subject. Sarasohn’s article is extremely concise and it relies on many, elaborate quotes without much evidence provided by him. This drastically affects his credibility. On the other hand, Ken MacQueen’s “Choosing Suicide” presents the reader with a much more upbeat and detailed outlook on Oregon’s law. He sums up Ashcroft’s effect on the law in a few sentences while focusing on other important aspects of the concern. In the end, these articles entice the reader into wondering if Oregon state law on euthanasia serves as a model to the rest of the nation or as a poison to medicine.
Works Cited
MacQueen, Ken. “Choosing Suicide” Maclean’s v. 115 no31 (August 5 2002) p. 40-1
Sarasohn, David. “No Last Rights” The Nation v.273 no19 (December 10 2001) p. 8
In passing the legislation known as Measure 16 in the state of Oregon, were there deceptions involved? Did the media play along with proponents of assisted suicide, denying media coverage to opposing viewpoints? What did proponents do immediately after passage of Measure 16? This paper will seek to satisfy these questions and others.
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Sloss, David. "The Right to Choose How to Die: A Constitutional Analysis of State Laws Prohibiting Physician-Assisted Suicide." Stanford Law Review. 48.4 (1996): 937-973. Web. 2 March 2015.
There are many legal and ethical issues when discussing the topic of physician-assisted suicide (PAS). The legal issues are those regarding numerous court cases over the past few decades, the debate over how the 14th Amendment of the United States Constitution comes into play, and the legalization vs. illegalization of this practice. The 14th Amendment states, “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (U.S. Const. amend. XIV, §1). PAS in the past has been upheld as illegal due to the Equal Protection Clause of the 14th amendment of the constitution, but in recent years this same 14th amendment is also part of the reasoning for legalizing PAS, “nor shall any State deprive any person of…liberty” (U.S. Const. amend. XIV, §1). The ethical issues surrounding this topic include a patient’s autonomy and dignity and if PAS should be legalized everywhere. This paper is an analysis of the PAS debate and explores these different issues using a specific case that went to the supreme courts called Washington et al. v. Glucksberg et al.
In November of 2001, the State of Oregon brought suit against the Ashcroft ruling charging that it effectively nullifies Oregon's law permitting physician-assisted suicide for the terminally ill. Oregon is the only state to have legalized physician-assisted suicide. Oregon was joined in the suit, Oregon v. Ashcroft, by a number of persons seeking assisted suicide, a physician, a pharmacist, and an assisted suicide advocacy organization. Federal district court judge Robert E. Jones in Portland, Oregon, enjoined enforcement of the Ashcroft ruling pending prompt resolution of the case in his court. The National and Oregon Right to Life brief argues that Ashcroft's decision was fully justified because the federal government can choose to protect all human life through its laws even if the State of Oregon has chosen not to do so. "Just because Oregon allows its doctors to prescribe lethal drug overdoses to patients doesn't mean that the federal government has to agree that this is a legitimate medical use of the drugs," said James Bopp, Jr., General Counsel of the National Right to Life Committee. "The Oregon tail doesn't wag the federal dog. The U.S. government can protect all human lives even if Oregon turns its back on some of them."
Imagine, if you will, that you have just found out you have a terminal medical condition. Doesn’t matter which one, it’s terminal. Over the 6 months you have to live you experience unmeasurable amounts of pain, and when your free of your pain the medication you’re under renders you in an impaired sense of consciousness. Towards the 4th month, you begin to believe all this suffering is pointless, you are to die anyways, why not with a little dignity. You begin to consider Physician-Assisted Suicide (PAS). In this essay I will explain the ethical decisions and dilemmas one may face when deciding to accept the idea of Physician-Assisted Suicide. I will also provide factual information pertaining to the subject of PAS and testimony from some that advocate for legalization of PAS. PAS is not to be taken lightly. It is the decision to end one’s life with the aid of a medical physician. Merriam-Webster’s Dictionary states that PAS is “Suicide by a patient facilitated by means (as a drug prescription) or by information (as an indication of a lethal dosage) provided by a physician aware of the patient’s intent.” PAS is considered, by our textbook – Doing Ethics by Lewis Vaughn, an active voluntary form of euthanasia. There are other forms of euthanasia such as non-voluntary, involuntary, and passive. This essay is focusing on PAS, an active voluntary form of euthanasia. PAS is commonly known as “Dying/Death with Dignity.” The most recent publicized case of PAS is the case of Brittany Maynard. She was diagnosed with terminal brain cancer in California, where she lived. At the time California didn’t have Legislative right to allow Brittany the right to commit PAS so she was transported to Oregon where PAS is legal....
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The right to assisted suicide is a significant topic that concerns people all over the United States. The debates go back and forth about whether a dying patient has the right to die with the assistance of a physician. Some are against it because of religious and moral reasons. Others are for it because of their compassion and respect for the dying. Physicians are also divided on the issue. They differ where they place the line that separates relief from dying--and killing. For many the main concern with assisted suicide lies with the competence of the terminally ill. Many terminally ill patients who are in the final stages of their lives have requested doctors to aid them in exercising active euthanasia. It is sad to realize that these people are in great agony and that to them the only hope of bringing that agony to a halt is through assisted suicide.When people see the word euthanasia, they see the meaning of the word in two different lights. Euthanasia for some carries a negative connotation; it is the same as murder. For others, however, euthanasia is the act of putting someone to death painlessly, or allowing a person suffering from an incurable and painful disease or condition to die by withholding extreme medical measures. But after studying both sides of the issue, a compassionate individual must conclude that competent terminal patients should be given the right to assisted suicide in order to end their suffering, reduce the damaging financial effects of hospital care on their families, and preserve the individual right of people to determine their own fate.
The Death with Dignity Act (hereafter DWDA) allows terminally ill patients who are Oregon residents to obtain and use the prescription from their physician to self-administer lethal medications. Under the Act, ending one’s life is in accordance with the law and does not constitute as suicide. The Death with Dign...
Currently, Oregon is the only state that has legalized assisted suicide. The Oregon statute, which came into e...
Currently, physician-assisted suicide or death is illegal in all states except Oregon, Vermont, Montana and Washington. Present law in other states express that suicide is not a crime, but assisting in suicide is. Supporters of legislation legalizing assisted suicide claim that the moral right to life should encompass the right to voluntary death. Opponents of assisted suicide claim that society has a moral and civic duty to preserve the lives of innocent persons. There is a slippery slope involving the legalizing assisted suicide. Concern that assisted suicide allowed on the basis of mercy or compassion, can and will lead to the urging of the death for morally unjustifiable reasons is understandable. However, legalization can serve to prevent the already existent practice of underground physician-assisted suicide if strict laws to ensure that the interests of the patients are primary are installed and enforced. When a patient asks for assistance in dying, their wishes should be respected as long as the patient is free from coercion and competent enough to give informed consent. The intent of this work is to examine the legalization of assisted suicide in Oregon and the Netherlands and to argue that assisted suicide is morally and ethically acceptable in theory despite some unintended consequences of its implementation.
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