Supreme Court Sets Hearing Date

July 25, 2005

Supreme Court Sets Date to Hear Gonzales v. Oregon

July 25, 2005

Hearing Date Set for October 5, 2005

Contact: Robert C. Kenneth; e-mail, or call (503) 228-4415

Portland, OR – Today, the United States Supreme Court set Wednesday, October 5, 2005 at 10:00 a.m. (EST) for hearing oral arguments in the case of Gonzales v. Oregon.

Robert Atkinson, Senior Assistant Attorney General, will argue on behalf of the State of Oregon by presenting the question:

"Whether the Attorney General has permissibly construed the Controlled Substances Act, 21 U.S.C. 801 et seq., and its implementing regulations to prohibit the distribution of federally controlled substances for the purpose of facilitating an individual's suicide, regardless of a state law purporting to authorize such distribution."

The State's three arguments are:

1 The Attorney General's threatened action would nullify the DWDA.

2 The CSA does not itself prohibit the uses of controlled substances permitted by the DWDA, and it does not authorize the U.S. Attorney General to do so.

3 The Court should reject this unprecedented attempt by an agency official to resolve a disputed issue of social and medical policy that is reserved to the States and should reemphasize the vital role State sovereignty plays in our federal system and the need for Congress to speak clearly when it intends to interfere with that role.

  • Click here to view the U.S. Justice Department's brief.
  • Click here to view the State of Oregon's brief.
  • Click here to view the brief by attorney and DDNC board member Eli D. Stutsman, representing the physician and pharmacist in Gonzales v. Oregon.
  • Click here to view the actual law.
  • Click here to view the law's safeguards.
  • Click here to go to the Oregon Department of Health and Human Services' frequently asked questions on the Death with Dignity Law.
  • Click here to view the Seventh Annual Report on Oregon's Death with Dignity Law.

This year marks the 11th anniversary of the Death with Dignity law. The law, passed by Oregon voters in 1994, was delayed in its implementation until late 1997.

For up-to-the minute information on the Death with Dignity law, the litigation and efforts at end-of-life care reform in other states, please visit www.deathwithdignity.org.

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You are the key to ensuring well-crafted Death with Dignity laws for all Americans. With your financial and volunteer help, the Death with Dignity National Center, a 501(c)(3), non-partisan, non-profit organization, has been the leading advocate in the death with dignity movement. Member contributions helped us pass a new Death with Dignity law in Washington, defend the Oregon law, and provide education and outreach programs for the vitality of the death with dignity movement.

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The greatest human freedom is to live, and die, according to one's own desires and beliefs. From advance directives to physician-assisted dying, death with dignity is a movement to provide options for the dying to control their own end-of-life care.

Death with Dignity National Center is the leader in this movement, successfully establishing, advancing and defending the landmark Oregon and Washington Death with Dignity Acts.

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