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) ------------------------------------------------------------------------ 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. Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=9856