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'Physician-Assisted Suicide' Passes Supreme Court Muster

By Michael Brophy
March 29, 2006

On Jan. 17, the U.S Supreme Court announced its decision in Gonzalez v. Oregon, upholding Oregon's state law on so-called 'physician-assisted suicide.' The Supreme Court decision rejected an effort by the Justice Department to punish physicians who assist terminally ill patients with prescriptions of lethal doses of controlled medications pursuant to the Oregon Death With Dignity Act (ODWDA).

The case had been widely followed as it proceeded through the federal court system, and is now expected to invite similar legislation as other states consider enacting assisted-death laws. In this article, we consider the state and federal legislation that was placed at loggerheads by an administrative directive of the Attorney General of the United States; the decisions of the lower federal courts presented with the issue; and the ultimate disposition of the matter by the Supreme Court. Later this year, a second article will consider the aftermath of the ruling and whether, as some have predicted, more states will enact legislation enabling physician-assisted suicide under specific guidelines similar to those upheld in Oregon.

A Clash of Authorities

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