Where it is feasible, a syllabus headnote will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. The Attorney General may add, remove, or reschedule substances only after making particular findings, and on scientific and medical matters, he must accept the findings of the Secretary of Health and Human Services Secretary.
The question before us is whether the Controlled Substances Act allows the United States Attorney General to prohibit doctors from prescribing regulated drugs for use in physician-assisted suicide, notwithstanding a state law permitting the procedure.
The dispute before us is in part a product of this political and moral debate, but its resolution requires an inquiry familiar to the courts: ODWDA, which survived a ballot measure seeking its Gonzales v oregon, exempts from civil or criminal liability state-licensed physicians who, in compliance with the specific safeguards in ODWDA, dispense or prescribe a lethal dose of drugs upon the request of a terminally ill patient.
The CSA allows these particular drugs to be available only by a Gonzales v oregon prescription from a registered physician. In the ordinary course the same drugs are prescribed in smaller doses for pain alleviation.
It determines that using controlled substances to assist suicide is not a legitimate medical practice and that dispensing or prescribing them for this purpose is unlawful under the CSA.
The Act places substances in one of five schedules based on their potential for abuse or dependence, their accepted medical use, and their accepted safety for use under medical supervision. Schedule I contains the most severe restrictions on access and use, and Schedule V the least.
Congress classified a host of substances when it enacted the CSA, but the statute permits the Attorney General to add, remove, or reschedule substances. He may do so, however, only after making particular findings, and on scientific and medical matters he is required to accept the findings of the Secretary of Health and Human Services Secretary.
These proceedings must be on the record after an opportunity for comment. The present dispute involves controlled substances listed in Schedule II, substances generally available only pursuant to a written, nonrefillable prescription by a physician.
To prevent diversion of controlled substances with medical uses, the CSA regulates the activity of physicians. The CSA explicitly contemplates a role for the States in regulating controlled substances, as evidenced by its pre-emption provision. For Oregon residents to be eligible to request a prescription under ODWDA, they must receive a diagnosis from their attending physician that they have an incurable and irreversible disease that, within reasonable medical judgment, will cause death within six months.
Oregon physicians may dispense or issue a prescription for the requested drug, but may not administer it. In37 patients ended their lives by ingesting a lethal dose of medication prescribed under ODWDA.
Orrin Hatch and Rep.
Henry Hyde to Thomas A. Constantine July 25,reprinted in Hearings on S. Legislation was then introduced to grant the explicit authority Attorney General Reno found lacking; but it failed to pass.
InJohn Ashcroft was appointed Attorney General. Ashcroft had supported efforts to curtail assisted suicide while serving as a Senator, see, e. AshcroftOregon Attorney General Hardy Myers wrote him to request a meeting with Department of Justice officials should the Department decide to revisit the application of the CSA to assisted suicide.
Should such a review be commenced in the future, we would be happy to include your views in that review. On November 9,without consulting Oregon or apparently anyone outside his Department, the Attorney General issued an Interpretive Rule announcing his intent to restrict the use of controlled substances for physician-assisted suicide.
A physician cannot prescribe the substances without DEA registration, and revocation or suspension of the registration would be a severe restriction on medical practice. Dispensing controlled substances without a valid prescription, furthermore, is a federal crime.
II ; United States v. In response the State of Oregon, joined by a physician, a pharmacist, and some terminally ill patients, all from Oregon, challenged the Interpretive Rule in federal court.Oregon sued Ashcroft in federal district court.
That court and, later the Ninth Circuit, held Ashcroft''s directive illegal. The courts held that the CSA did not authorize the attorney general to regulate physician-assisted suicide, which was the sort of medical matter historically entrusted to the states.
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Free business-day shipping within the U.S. when you order $25 of eligible items sold or fulfilled by Amazon. According to our research of Texas and other state lists there were 23 registered sex offenders living in Gonzales, Texas as of September 20, The ratio of number of residents in Gonzales to the number of sex offenders is to 1.
Median real estate property taxes paid for housing units with. Gonzales v. Oregon was a landmark case decided by the United States Supreme Court in In , Attorney General John Ashcroft tried to stop Oregon's Death with Dignity Act.
This law allowed terminally ill people to get a prescription for a medication that they could take to kill themselves. Contact the Small Business Advocate for help navigating the rules and regulations of state and local government.
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