X-Message-Number: 9856
Date: Fri, 05 Jun 1998 07:47:32 -0700
From: David Brandt-Erichsen <>
Subject: Oregon update

 (June 5/98; 2:43 AM Eastern)
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   RENO TO ANNOUNCE FEDERAL LAW DOES NOT BAR ASSISTED SUICIDE,
   OREGONIAN SAYS

   PORTLAND, Ore. (AP) -- U.S. Attorney General Janet Reno will announce
   as early as Friday that federal law does not prohibit
   physician-assisted suicide in Oregon, The Oregonian reported.

   The newspaper quoted unnamed sources as saying that a U.S. Justice
   Department opinion states the federal Controlled Substances Act does
   not forbid doctors from prescribing lethal doses of medicine for
   terminally ill patients.

   The announcement would clear the way for assisted suicide in Oregon,
   where voters have twice approved a law allowing doctors to prescribe
   the drugs for patients who have less than six months to live.

   However, legal challenges and the reluctance of the Justice Department
   to issue an opinion about the Oregon law had made doctors and
   hospitals wary.

   At a November meeting of the Oregon Medical Association's governing
   body, doctors said they were concerned about implied threats from
   Congress and the U.S. Drug Enforcement Administration to restrict
   prescriptions for controlled substances.

   Although the Justice Department began reviewing its jurisdiction over
   assisted suicide November 1997, the Oregon law attracted widespread
   attention in Washington, D.C., after the first reports of an assisted
   suicide surfaced in March.

   The news sent a shock wave through Congress, prompting dozens of
   members to write to Reno. Most urged her to accept an interpretation
   of the Controlled Substances Act that would disqualify assisted
   suicide as a "legitimate medical purpose" of drugs.

   That interpretation was first advanced by Thomas Constantine, a Reno
   deputy who heads the DEA, in a written reply to Rep. Henry Hyde,
   R-Ill., chairman of the House Judiciary Committee.

   Constantine sent his letter on Nov. 5, 1997, without consulting Reno.

   Reno has not publicly chided Constantine, a career law enforcement
   officer, but responded by calling for an internal review of his
   opinion.

   In January, Sen. Ron Wyden, D-Ore., confirmed that a review team,
   headed by counselor Jonathan D. Schwartz, found that the Controlled
   Substances Act could not be interpreted to prevent doctors'
   participation in patients' suicides.

   The Oregonian said Reno's announcement is expected to focus on the
   narrow legal question at hand. The newspaper, quoting unnamed sources,
   said it is possible but unclear whether the Clinton administration
   will address the issue further.

   However, the long wait for the Justice Department opinion has not
   stopped the assisted-suicide law from being used.

   At least three terminally ill Oregonians have killed themselves with
   lethal prescriptions since the law was reaffirmed in November.

   The Justice Department announcement is likely to touch off a heated
   debate on Capitol Hill, where some members of Congress are expected to
   introduce legislation. The Oregon law, the first of its kind in the
   nation, is a prime target of religious and right-to-life groups that
   consider it immoral for doctors to help patients end their lives.

   Opponents of assisted suicide include key Republicans such as House
   Speaker Newt Gingrich of Georgia and Utah Sen. Orrin Hatch, chairman
   of the Senate Judiciary Committee, as well as Hyde.

   Northwest Republicans who have signed letters to Reno include Rep. Bob
   Smith of Oregon and Reps. Jennifer Dunn, George Nethercutt and Linda
   Smith of Washington.

   Among more than 190 members of Congress who have written to Reno on
   the topic are 36 Democrats, including Sen. Joseph Biden of Delaware
   and Rep. James L. Oberstar of Minnesota.

   Oregon Democrats, including Wyden, have urged Reno to steer clear of
   the assisted-suicide law. A number of national surveys show broad
   public support for a terminally ill patient's right to choose assisted
   suicide, and Oregon voted twice in favor of the law.

   Already, interest groups are gearing up for a fight.

   On May 4, the Bass and Howes Inc. lobbying firm registered in
   Washington, D.C., to represent the Oregon Death With Dignity Legal
   Defense & Education Center. And in its 1997 lobby report, the National
   Right to Life Committee noted that it had begun contacting members.

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