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| '''''Gonzales v. Oregon''''', (docket #:04-623) (]){{ref|citation}}, is a case in which the ] upheld an ] law which permits ] for persons agreed to be terminally ill. It was the first case to be heard under the leadership of Chief Justice ]. | '''''Gonzales v. Oregon''''', (docket #:04-623) (]){{ref|citation}}, is a case in which the ] upheld an ] law which permits ] for persons agreed to be terminally ill. It was the first case to be heard under the leadership of Chief Justice ]. | ||
| ==Background of the case== | |||
| ==Facts== | |||
| In ], voters in the State of Oregon approved ] by a margin of 31,962 votes and retained this measure by 220,445 votes in ] ] attempt to repeal the law. The law permits physicians to prescribe a lethal dose of medication to a patient agreed by two doctors to be within six months of dying from an incurable condition. As of ], 208 individuals had ended their lives under the law. | In ], voters in the State of Oregon approved ] by a margin of 31,962 votes and retained this measure by 220,445 votes in ] ] attempt to repeal the law. The law permits physicians to prescribe a lethal dose of medication to a patient agreed by two doctors to be within six months of dying from an incurable condition. As of ], 208 individuals had ended their lives under the law. | ||
| On November 9, 2001, ] ] issued an Interpretive Rule that assisted-physician suicide was not a legitimate medical purpose, and that any physician administering federally controlled drugs for that purpose would be in violation of the ]. The State of Oregon, joined by a physician, a pharmacist, and some terminally ill patients, all from Oregon, filed a challenge to the Attorney General's rule in the ]. The court ruled for Oregon and issued a permanent injunction against the enforcement of the Interpretive Rule. This was affirmed by the ]. | |||
| ] ] challenged the law as a violation of the federal power to regulate ]s under the ]. | |||
| == |
==The Court's decision== | ||
| In a 6-3 decision by Justice ], the Court |
In a 6-3 decision by Justice ], the Court affirmed the Ninth Circuit's ruling and rebuked the Attorney General for assuming that the Controlled Substances Act gave him "the authority and the expertise" to challenge it. | ||
| === |
===Scalia's dissent=== | ||
| Justice ] dissented, joined by Chief Justice Roberts and Justice ]. Scalia, arguing for the power of the federal government to over-ride the will of the states or the people therein, wrote that "f the term 'legitimate medical purpose' has any meaning, it surely excludes the prescription of drugs to produce death". | Justice ] dissented, joined by Chief Justice Roberts and Justice ]. Scalia, arguing for the power of the federal government to over-ride the will of the states or the people therein, wrote that "f the term 'legitimate medical purpose' has any meaning, it surely excludes the prescription of drugs to produce death". | ||
| ==Trivia== | ==Trivia== | ||
| Retiring Justice ] was on the Court for arguments in this case, and her vote would not have counted if a successor was confirmed before the Court rendered a decision. However, the decision was rendered while the confirmation hearings for ], who has been nominated to replace O'Connor, were ongoing. This had no effect on the outcome, as the majority would still have had five votes without O'Connor. | |||
| The case is named ''Gonzales v. Oregon'' rather than ''Ashcroft v. Oregon'' because the Court traditionally substitutes the current officeholder (in this case, Attorney General, ]), for the officeholder responsible for the prosecution at the time the case was filed. Ashcroft himself had brought the case on the day that his retirement was announced. | The case is named ''Gonzales v. Oregon'' rather than ''Ashcroft v. Oregon'' because the Court traditionally substitutes the current officeholder (in this case, Attorney General, ]), for the officeholder responsible for the prosecution at the time the case was filed. Ashcroft himself had brought the case on the day that his retirement was announced. | ||
Revision as of 17:43, 17 January 2006
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| Gonzales v. Oregon | ||||||||
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| File:SCOTUS seal.jpg Supreme Court of the United States | ||||||||
| Argued October 5, 2005 Decided January 17, 2006 | ||||||||
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| Holding | ||||||||
| The U.S. Attorney General does not have the authority under the Controlled Substances Act to prohibit doctors from prescribing drugs for use in physician-assisted suicide permitted by state law. Ninth Circuit Court of Appeals affirmed. | ||||||||
| Court membership | ||||||||
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| Case opinions | ||||||||
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| Laws applied | ||||||||
| Ore. Rev. Stat. § 127.800 et seq. (2003) (Oregon Death With Dignity Act); 21 U.S.C. § 801 et seq. (Controlled Substances Act); 66 Fed. Reg. 56608 (2001) |
Gonzales v. Oregon, (docket #:04-623) (2006), is a case in which the Supreme Court of the United States upheld an Oregon law which permits physician-assisted suicide for persons agreed to be terminally ill. It was the first case to be heard under the leadership of Chief Justice John Roberts.
Background of the case
In 1994, voters in the State of Oregon approved Oregon Ballot Measure 16 by a margin of 31,962 votes and retained this measure by 220,445 votes in a 1997 special election attempt to repeal the law. The law permits physicians to prescribe a lethal dose of medication to a patient agreed by two doctors to be within six months of dying from an incurable condition. As of 2004, 208 individuals had ended their lives under the law.
On November 9, 2001, Attorney General John Ashcroft issued an Interpretive Rule that assisted-physician suicide was not a legitimate medical purpose, and that any physician administering federally controlled drugs for that purpose would be in violation of the Controlled Substances Act. The State of Oregon, joined by a physician, a pharmacist, and some terminally ill patients, all from Oregon, filed a challenge to the Attorney General's rule in the U.S. District Court for the District of Oregon. The court ruled for Oregon and issued a permanent injunction against the enforcement of the Interpretive Rule. This was affirmed by the Ninth Circuit Court of Appeals.
The Court's decision
In a 6-3 decision by Justice Anthony Kennedy, the Court affirmed the Ninth Circuit's ruling and rebuked the Attorney General for assuming that the Controlled Substances Act gave him "the authority and the expertise" to challenge it.
Scalia's dissent
Justice Antonin Scalia dissented, joined by Chief Justice Roberts and Justice Clarence Thomas. Scalia, arguing for the power of the federal government to over-ride the will of the states or the people therein, wrote that "f the term 'legitimate medical purpose' has any meaning, it surely excludes the prescription of drugs to produce death".
Trivia
Retiring Justice Sandra Day O'Connor was on the Court for arguments in this case, and her vote would not have counted if a successor was confirmed before the Court rendered a decision. However, the decision was rendered while the confirmation hearings for Samuel Alito, who has been nominated to replace O'Connor, were ongoing. This had no effect on the outcome, as the majority would still have had five votes without O'Connor.
The case is named Gonzales v. Oregon rather than Ashcroft v. Oregon because the Court traditionally substitutes the current officeholder (in this case, Attorney General, Alberto Gonzales), for the officeholder responsible for the prosecution at the time the case was filed. Ashcroft himself had brought the case on the day that his retirement was announced.
External links
- Full text of the Supreme Court's decision
- Supreme Court Upholds Oregon Suicide Law, Washington Post, January 17, 2006.
- Legal analysis of the case