THE ASHCROFT AGENDA

In a blatant political move to please the conservative core of his
party, U.S. Attorney General John Ashcroft is attempting to strike a
fatal blow at the country's only assisted-suicide law. He has
effectively put Oregon doctors on notice that if they prescribe
federally controlled drugs to hasten the deaths of terminally ill
patients, they'll lose their license to prescribe such medicine.

Because those licenses are critical to medical practices and no doctor
wants to risk federal sanctions, the effect of Mr. Ashcroft's
directive is to end Oregon's Death with Dignity law. The state
understandably balked at the federal government's interference in its
right to regulate the practice of medicine.

Ironically, Oregon should be preaching to the choir. Republicans
supposedly are staunch supporters of states' rights.

Oregonians voted once in 1994 to approve the state's
physician-assisted suicide law and again in 1997, overwhelmingly
rejecting a ballot measure to repeal the legislation, which has
survived lawsuits and appeals to remain on the books.

Three years ago congressional opponents of the Oregon law tried a new
tactic to block it with the blessing of the Drug Enforcement
Administration. The DEA argued that doctors who prescribe lethal doses
of a federally controlled substance do so in violation of the U.S.
Controlled Substance Act.

Then-Attorney General Janet Reno wisely overruled the DEA, saying
agents had no authority to discipline doctors complying with Oregon
law. Three years later, a new administration, whose chief executive is
on record as opposing the assisted-suicide law, resurrected the DEA
argument to undercut it. The move effectively revoked Oregon's right
to govern the practice of medicine in the state.

Oregon Attorney General Hardy Myers filed suit to restrain the federal
government from infringing on the state's rightful jurisdiction. The
lawsuit claims the Controlled Substance Act deals with interstate drug
abuse and trafficking, not states' traditional role in regulating medicine.

Moreover, the suit says, Mr. Ashcroft's new interpretation of it is
unconstitutional because it interferes with states' legitimate rights
to determine medical practice.

Under Oregon's physician-assisted suicide law, doctors may provide but
not administer a lethal prescription to terminally ill adult state
residents. The law requires two doctors to verify the patient has less
than six months to live, has chosen to die, and is capable of making
such a decision. At least 70 residents have used the law to end their
lives, all with federally controlled substances like barbiturates.
Whether one agrees or disagrees with physician-assisted suicide is
irrelevant. The people of Oregon have spoken and their decision has
been upheld as constitutional in the 9th U.S. Circuit Court of Appeals.

Unless and until further legal challenges successfully prove
otherwise, Oregon's state law should stand without intimidation from
the Bush administration, obviously looking to score points with a
conservative constituency.