Oregon v. Ashcroft: DOJ Appeals Ninth Circuit Ruling

July 12, 2004

News Release

Contact: Jeana Frazzini, Death with Dignity National Center
jfrazzini@deathwithdignity.org / (503) 228.4415

PORTLAND, OR� Just hours before the clock ran out on the deadline for an appeal, the Ashcroft Justice Department has requested a rehearing in the Ninth Circuit Court of Appeals. A three-judge panel of the Ninth Circuit handed down a decision last month which�stated that the Federal government cannot overturn Oregon�s Death with Dignity law.

�The Ashcroft Justice Department is confusing their authority to control the diversion of drugs with the states� traditional authority to establish the medical standard of care and regulate medicine. There is simply no basis in the construct or intent of federal law that gives the federal government the authority to regulate the practice of medicine or establish the standard of care in the states,� said Portland attorney Eli D. Stutsman who represents an Oregon physician and pharmacist on behalf of the Death with Dignity National Center. He continued, �At this point, the decision to allow reconsideration is at the discretion of the court. The Ashcroft Justice Department continues to assert the same argument that they have lost on all along.�

Officials of the Death with Dignity National Center denounced the Attorney General�s announcement as a waste of time and tax dollars. �Just how many times must the Attorney General see the democratic and legal processes demonstrated?� The people have voted twice.� The courts have ruled again and again.� This law has been a catalyst to improved end-of-life care � in Oregon and nationally.� Tax payer dollars are being squandered in Ashcroft�s crusade,� said Scott Blaine Swenson, Executive Director of the Death with Dignity National Center.
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The Death with Dignity National Center (DDNC) is prepared to meet this fresh legal challenge.� DDNC is the legal defense and public education nonprofit that has represented a physician and pharmacist in the proceedings.� DDNC has been the vanguard for Oregon�s law and has successfully proposed, passed and defended the Death with Dignity law since 1994.

Stay informed on the progress of this historic case online at www.deathwithdignity.org.

Key Facts
* There is no deadline for the court to decide on the request. They will take all the time they need.
* The vast majority of petitions for rehearing are denied.
* The filing of the petition for reconsideration stops the running of the ninety day period to file a cert petition to the United States Supreme Court. If this request is denied by the Ninth Circuit, The DOJ will have the remainder of the ninety day period to file a cert petition to the United States Supreme Court (approx. 45 days).

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