[Congressional Record (Bound Edition), Volume 150 (2004), Part 9]
[Senate]
[Pages 11181-11182]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    OREGON'S DEATH WITH DIGNITY ACT

  Mr. WYDEN. Mr. President, last week, the U.S. Court of Appeals for 
the Ninth Circuit ruled to uphold the Oregon Death with Dignity Act. 
This ruling is the latest rebuff to U.S. Attorney General John 
Ashcroft's efforts to overturn Oregon law. The ruling makes clear that 
contrary to Attorney General Ashcroft's viewpoint, the Controlled 
Substance Act does not override the constitutional right of a state to 
regulate medical practice, including the choice of the citizenry to 
determine whether they want to allow physicians to aid terminally ill 
patients.
  Oregon voters first approved a physician-assisted suicide ballot 
measure in 1994, but the Oregon legislature did not agree with their 
decision and put the matter on the ballot a second time. In 1997, 
Oregon voters overwhelmingly voted once more to allow physician-
assisted suicide.
  Almost immediately, however, federal politicians 3,000 miles away 
began efforts to deny Oregon citizens their long recognized right to 
choose their own course. Over the course of several Congresses, the 
attempts to overturn Oregon law and the wishes of Oregon voters through 
general legislation also failed.
  Having failed in Congress, I predicted in December 2000, that 
President Bush would instruct his Attorney General to reinterpret 
federal law in an effort to

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invalidate the will of Oregon's voters. The recent ruling by the Court 
of Appeals for the Ninth Circuit to preserve the Oregon vote is the 
second setback to the Attorney General's attempts to reinterpret 
federal law.
  Since I was first elected to the United States Senate, I have not 
wavered in my defense of the choice of the citizens of Oregon. If 
others see this ruling as an invitation once again to attempt to 
overturn Oregon law through federal legislation, I will be there again 
to stand up for my state. Therefore, I want to notify my colleagues 
that I will be reviewing every piece of legislation that may come 
before the Senate and will not grant my consent to consider any measure 
or matter that contains provisions that would overturn the Oregon Death 
with Dignity Act.

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