COMEUPPANCE FOR ASHCROFT

Last November, U.S. Attorney General John Ashcroft didn't give a second
thought to states' rights when he issued a directive that attempted to halt
the practice of assisted-suicide in Oregon. By threatening to pull licenses
from physicians writing prescriptions for lethal drugs, Ashcroft
disregarded the will of Oregon residents who voted in support of the Death
with Dignity Act, which gave qualified, terminally ill patients an
assisted-suicide option.

But when Ashcroft picked on Oregon, the state fought back by suing the
federal government. "We don't need federal officials pawing through medical
records looking for what they might view as non-medical," said the
executive director of the Oregon Medical Association.

Last week, the court agreed.

In fact, U.S. District Judge Robert Jones criticized Ashcroft for trying to
usurp states' rights.

"To allow an attorney general - an appointed executive whose tenure depends
entirely on whatever administration occupies the White House - to determine
the legitimacy of a particular medical practice . . . would be
unprecedented and extraordinary," the judge wrote.

He pointed out that the citizens had voted "not once, but twice, in favor
of the Oregon act." The judge deemed Ashcroft's actions an attempt
to"stifle an ongoing, earnest and profound debate in the various states
concerning physician-assisted suicide," and that he "fired the first shot
in the battle between the state of Oregon and the federal government."

Yes, Ashcroft should have respected the will of the Oregon voters. In the
five years assisted-suicide has been permitted, about 90 people have
exercised the option, demonstrating it's being utilized conservatively. In
any case, the regulation of the practice of medicine is a state, not a
federal, responsibility. Ashcroft, whose conservative philosophy would
usually oppose federal intrusion, should know that.

Now the attorney general should forget any ideas about appealing the
court's decision. The federal judge was sending a message that the attorney
general should mind his own business. Besides, it would seem since Sept.
11, the U.S. Justice Department should have other things to worry about.