To Live or Not to Live, That is the Question

979 Words2 Pages

To Live, Or Not To Live: That Is The Question
Terminal illnesses affect many people every year. Some patients simply cannot bear the pain. In 1994, Oregon passed the Death With Dignity Act (DWDA) which authorized physicians to prescribe lethal doses of controlled substances to terminally ill patients with only 6 months to live; this is referred to as physician assisted suicide. The DWDA consists of a list of procedures that a patient must undergo in order to receive assisted suicide. Once the patient has met all the requirements, the patient is given the lethal doses and passes away before the previous estimated time of death of six months.
However, in 1970, the Controlled Substances Act (CSA) was passed in order to regulate drugs. The CSA classified controlled substances into five different categories, schedule 1 being the worst substances. The U.S. Attorney General John Ashcroft declared in 2001 that Oregon’s DWDA violated the CSA, and Ashcroft threatened to revoke medical licenses if assisted suicide was practiced. The questions at large is whether Ashcroft has the power to declare that the DWDA violated the CSA, whether State law can undermine Federal law, and can law take away a human’s right to life.
The District Court of Oregon issued an injunction against Ashcroft, and in favor of Oregon. The Ninth Circuit agreed with the District Court. The Supreme Court voted 6-3 in favor of Oregon but for different reasons than the District Court. The majority opinion did not think the statute gave Ashcroft authority to overrule how Oregon determined the appropriate use of medication that were not themselves prohibited.
The minority opinion argued that the ruling went against the reasoning in Gonzales v Raich and therefore the Sup...

... middle of paper ...

... speak for herself. Schiavo’s husband filed a motion to remove the feeding tube, but Schiavo’s parents argued she was conscious. The case was settled by previous case like the Cruzan v Missouri case which argued whether or not the Due Process clause permitted “Cruzan’s parents to refuse life-sustaining treatment on their daughter’s behalf” (oyez). The Cruzan case was ruled 5-4 in favor of Missouri because “under the Due Process Clause, incompetent persons were not able to exercise such rights” (oyez). This ruling affected the Schiavo case because Schiavo’s parents and husband argued whether or not Terri Schiavo would have wanted to die. The final ruling for the Schiavo case was to remove the feeding tube because Terri Schiavo was able to communicate her wish to discontinue treatment. The Supreme Court upheld her decision as it is her right to refuse treatment.

More about To Live or Not to Live, That is the Question

Open Document