I have always dreamed of seeing the inside of the United States Supreme Court building. Unfortunately, on the three trips to Washington D.C. I have had the privilege to make during my lifetime, I have only made it as far as the steps of this awesome building. Because of federal holidays, the Supreme Court building was closed each time.
I bring up the U. S. Supreme Court because the first Monday in October (October 3rd) marks the beginning of its annual term. Although there are more than 6,500 cases on the Court’s docket each year, the Justices hear oral arguments in only about 100 cases. The Court also acts on approximately 100 other cases without oral arguments.
There are a number of contentious social issues before the Court this year. With the recent change in the Chief Justice and the new incoming associate justice, the spotlight is on the U.S. Supreme Court more than ever.
One case in particular caught my attention. It has the potential to directly impact seniors – and their inevitable immortality. The case, Gonzales v. Oregon, involves the federal government’s opposition to Oregon’s Death with Dignity law. At issue is an Oregon law allowing terminally ill people to ask their doctors to prescribe a lethal dose of drugs under certain circumstances. The oral arguments in this emotionally-wrenching case were heard last Wednesday, October 5th.
In 1997, the U.S. Supreme Court upheld bans on physician-assisted suicide in two states, holding there was “no constitutional right to die.” At that same time, the Court gave states the option to experiment with this issue when it suggested that states not only have the right to ban physician-assisted suicide, they have right to approve it.
Oregon, the only state thus far to pass a law approving physician-assisted suicide, enacted its Death with Dignity Act in 1997. Under this law, Oregon patients choosing doctor-assisted suicide are required to give two oral requests and one written request over a two-week period. Additionally, the patient is not eligible unless he or she is terminally ill with less than six months to live and deemed by two doctors to be mentally fit to make this suicide request. Further, the patient must be able to administer the lethal dose without help. Since the Oregon legislation became effective in 1997, 208 people – mostly cancer patients – have requested medical help to end their lives.
Opposing this Oregon law, the U.S. Justice Department contends any doctor prescribing drugs for the purpose of suicide is directly violating the federal Controlled Substances Act.
While Oregon is admittedly far away from Oklahoma, the outcome of this ruling will impact us. At some point, it will become clear to each of us that we are neither invincible nor immortal. Despite all of our labor and love, the best efforts of doctors and the prayers of friends, at some point, each of us will face death. It is important that we pay attention to what happens on this issue in the court system. The outcome could someday personally affect us or a family member.
This Oregon case is the first major issue to come before this high court under the leadership of new Chief Justice John Roberts, who recently replaced the late William Rehnquist. The Supreme Court is expected to issue its ruling on this assisted-suicide case sometime in the next few months.
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