A Defeat for Ashcroft

[catbirdseat]

Three judges from the Ninth-Circuit Court of Appeals affirmed a Federal Judges previous ruling upholding the Assisted Suicide law in the State of Oregon. The two judge majority ruled that the States have a right under out Federalist system to regulate the practice of medicine and that the Federal law covering illegal drugs does not apply in this case.

 

Go take a hike, Ashcroft.

[foraker]

I like this quote from some spokesman at the DOJ regarding terrorist warnings:

 

"We don't do politics at the Justice Department."

 

[Ratboy]

Score one for state's rights.

[b-rock]

Gee, I thought Republicans were for states rights. Huh.

[Winter]

unless the states do something to freak out bush's warped born again morals.

[b-rock]

Gotcha.

[gotterdamerung]

I thought the underlying issue had more to do with insurance companies having to pay out benefits to someone who decides to cap themselves rather than someone simply just doing it.

[rbw1966]

The underlying issue was doctors prescribing federally-controlled prescription medication to terminally ill patients who decide to self-euthanize. The feds argued that doctors prescribing meds that would kill people violates DEA doctrine. I don't recall insurance companies entering the equation at all.

 

HMOs would be in favor of assisted suicide because it lowers their overall health care management costs--but its unlikely they would publicize such views.

 

Life insurance companies are also unlikely to present any arguments against assisted-suicide as virtually all policies carry exclusions for capping oneself.

[Greg_W]

Three judges from the Ninth-Circuit Court of Appeals affirmed a Federal Judges previous ruling upholding the Assisted Suicide law in the State of Oregon. The two judge majority ruled that the States have a right under out Federalist system to regulate the practice of medicine and that the Federal law covering illegal drugs does not apply in this case.

 

Go take a hike, Ashcroft.

 

THis ought to be no surprise. The Ninth Circuit COA are well-known for their wacky decisions; leading to reversal at the Supreme Court level. I wouldn't start popping corks yet.

[jja]

The 9th circuit is the most reversed bench in the country, by something like a 2 to 1 ratio to it's nearest competitor.

[JoshK]

Why exactly is reaffirming the state's right to allow doctor assisted suicide a "wacky" decision? Give me a break. Terminally ill patients should have the right to die with dignity should they choose. Oregon is the only state that has this right, frankly.

 

Bush's (and most of the right wing) position that patients should have to suffer to the end is just completely idiotic.

[Skeezix]

Ashcroft triggers my automatic bitch slap reflex every time I see his face.

 

Not to be morbid, but we gentlemen have to protect our assisted suicide right, especially in light of the discussion regarding prostate cancer in the news this morning. Never mind ...don't think about that.

[cracked]

Josh, I think it's more of an issue of potential abuse, not 'suffer to the end'. I agree that in an ideal situation (person wants to end it all), assisted suicide is a good option. But the potential for abuse if pretty big.

[EWolfe]

Remember: The "h" in "Ashcroft" is silent!

[cj001f]

Josh, I think it's more of an issue of potential abuse, not 'suffer to the end'. I agree that in an ideal situation (person wants to end it all), assisted suicide is a good option. But the potential for abuse if pretty big.

And Praytell WTF shouldn't I have the right to do whatever I damn well want with my life?

[catbirdseat]

Justice's options are to take the case to the full eleven judge panel of the 9th Court of Appeals, or go to the US Supreme Court.

 

I think that Ashcroft's political philosophy is inconsistent. He says he is for states rights, but when it comes to treading on individual liberty, this trumps any concern he may have for the former.

[JoshK]

Josh, I think it's more of an issue of potential abuse, not 'suffer to the end'. I agree that in an ideal situation (person wants to end it all), assisted suicide is a good option. But the potential for abuse if pretty big.

 

It requires the consent of two doctors (not in the same practice, I believe??) and a confirmation of mental stability. There are safeguards. It's not like some doctor can right up a note, kill you, then claim you wanted to die. Also, it is only available for those patients who have been diagnosed with less than 6 months to live.

 

There isn't any medical reason not to allow it, it's just bushie (and asscroft's) pandering to the religous right and their "sanctity of life" bullshit.

[rbw1966]

The feds are more concerned with misuse of federally controlled substances. I think they see docs prescribing meds to kill oneself as a potential erosion of federal control over narcotics.

 

Of course this is just asscrofts red herring to further the bush administrations moral agenda.

[chucK]

Yeah sorta like his

 

There's terrorists among us,

gonna kill us,

90% sure,

this summer!

 

No special reason to say this now,

no need to raise the threat level,

don't really need to put the authorities on extra alert.

 

But ...

 

There's terrorists among us,

gonna kill us,

maybe we'll get you some pictures.

 

--- repeat when Bush popularity levels fall ---

[cracked]

Josh, I think it's more of an issue of potential abuse, not 'suffer to the end'. I agree that in an ideal situation (person wants to end it all), assisted suicide is a good option. But the potential for abuse if pretty big.

 

It requires the consent of two doctors (not in the same practice, I believe??) and a confirmation of mental stability. There are safeguards. It's not like some doctor can right up a note, kill you, then claim you wanted to die. Also, it is only available for those patients who have been diagnosed with less than 6 months to live.

 

There isn't any medical reason not to allow it, it's just bushie (and asscroft's) pandering to the religous right and their "sanctity of life" bullshit.

Don't be stupid, it's not about 'medical reasons', it's about moral reasons.

 

"Gee, Mom's getting kinda old. Taking care of her is a bother. I know! Let's just kill her off!"

 

Or how about crazy doctors? There have been plenty of examples of nurses killing people off for no reason. This would make it easier.

 

It's not black and white, as I said, I support the idea.

[bunglehead]

Ashcroft is insane. Anybody remember that he lost the election in his home state of Missouri to a DEAD GUY?

And how about when he had a robe put over the breast of the statue of Justice?

 

CA-RAZY.

[JoshK]

You can't just elect to have your mom killed off. Only the patient can make the decision (must be found mentally competent to make the decision on their own) and, like I said, has to be diagnosed with less than 6 months to live.

 

I see what you are saying, it's obviously the argument of the right wing, along with the sanctity of life crap, but I don't see a high likelyhood of abuse under the oregon law.

[cracked]

it's obviously the argument of the right wing, along with the sanctity of life crap

[Dru]

isn't there a moral disconnect between upholding the death penalty, and opposing euthanasia?

[rbw1966]

No. Death penalty is for those who have removed themselves from the social contract. Euthanasia is the choice of someone who obviously does not have the mental capacity to make their own reasoned choices, therefore the state must step in and prevent them from harm. In both cases the government must make those decisions for the individual.