SUICIDE LAW IN EFFECT - FOR NOW

PORTLAND -- A federal judge on Thursday temporarily restored the rights of
terminally ill patients to end their lives with the help of a physician
under Oregon's Death with Dignity Act.

Judge Robert Jones delivered his temporary restraining order two days after
U.S. Attorney General John Ashcroft directed federal drug agents to go
after doctors who prescribe federally controlled drugs and pharmacists who
supply them to help patients end their lives.

At the conclusion of Thursday's two-hour hearing, Jones made clear that his
order applies only until Nov. 20, and that larger legal questions must
still be resolved about federal agencies' authority to quash Oregon's
assisted suicide law, which has twice been upheld by voters.

"I am not in a position at this juncture to make any prediction as to the
ultimate outcome of this case," Jones told lawyers and audience members in
his courtroom, as well as several federal attorneys who took part in the
hearing via speakerphone from Washington, D.C. "I feel either side could
prevail. ... This is not significant as to what the court may decide to do
as to its merits."

Jones rebuffed federal lawyers' argument that harm would result if he put
Ashcroft's directive on hold so Oregon patients and physicians could
continue using the nation's only assisted suicide law.

He said the matter could not be that urgent to the Bush administration,
given that Ashcroft's order was based on a legal memo dated June 29.

"July passed. August passed. September and October passed and we're
approaching the second week in November and suddenly the attorney general
is issuing an edict for instant enforcement," Jones said.

Jones has been assigned to preside over subsequent court actions, which are
likely to include the pursuit of an injunction, which would preserve
Oregon's law while federal lawyers and Oregon Attorney General Hardy Myers
spar over Ashcroft's right to effectively block Oregon's Death With Dignity
Act by invoking the DEA's authority under the federal Controlled Substances
Act.

The law was intended solely to prevent the trafficking and use of illicit
drugs, critics of the Bush administration's action said.

But in his memorandum, Ashcroft said the use of federally controlled
substances for the purposes of physician-assisted suicide is not a
"legitimate medical purpose" and could result in a physician losing his
federal authority to prescribe drugs.

No court dates have been scheduled for the case, but Jones set a Nov. 16
deadline for briefs to be submitted by state and federal lawyers as well as
by attorneys for four terminally ill Oregon patients, a Salem physician and
a Salem pharmacist.

In Thursday's hearing, attorneys on both sides of Myers' lawsuit against
the federal government had to demonstrate that irreparable harm would come
- - either through the continuation or suspension of Ashcroft's order - and
that they had a probability of winning the legal challenge itself.

Assistant U.S. Attorney General Bill Howard argued that the greatest harm
would result from a suspension of Ashcroft's order, allowing the resumption
of the nation's only assisted suicide law.

"What it comes down to is whether these patients will continue living while
the court considers the questions that have been put before it," he argued
through speakerphone from his Washington, D.C. office. "These individuals
should continue living. Life is good."

Stephen Bushong, representing the Oregon attorney general's office,
contended that the state would be harmed by the infringement of federal
agencies of the state's sovereign right to regulate the practice of medicine.

He also argued that the state's regulatory interest, through the Department
of Human Services, the Medical Examiners Board and the state Pharmacy
Board, would be harmed.

Nicholas van Aelstyn, a lawyer for Compassion in Dying, argued that the
greatest harm would befall the four terminally ill Oregon patients he
represented in the case against Ashcroft.

Richard Holmes, 72, of Portland, has terminal colon cancer and is in
"substantial pain," van Aelstyn said. He has made an oral request for a
prescription for life-ending drugs and was in the midst of a 15-day waiting
period to submit a second request in writing when Ashcroft's order was made.

Karl Stansell, 67 of Medford has terminal throat cancer that "causes him
agony when he eats," van Aelstyn said.

He also was partway through the 15-day waiting period.

James Romney of Portland has Lou Gehrig's disease and had yet to make an
oral request for life-ending drugs. A fourth unidentified female patient
has pancreatic cancer and had been in her 15-day waiting period.

These individuals, van Aelstyn argued, have had their rights under the
Death With Dignity Act "snatched away by a federal agency in Washington,"
causing irreparable harm if they are denied the chance to control the means
by which they die.

Jones' order means that these doctors and pharmacists will not lose their
federal licenses to prescribe controlled substances.

However, should the courts ultimately rule that Ashcroft and the Drug
Enforcement Administration have the authority to go after medical
professionals under his Tuesday directive, some question remained whether
they would be prosecuted for actions taken after Ashcroft's order.

Salem oncologist Dr. Peter Rasmussen, who was an intervener in the case,
said he expected most doctors to hold off on prescribing life-ending drugs
to qualifying patients, even though they are legally permitted to under
Jones' order.

"Doctors are basically very conservative people. If we have reason to think
somebody is looking over our shoulder and may criticize our decision, it's
going to be hard for physicians to be comfortable prescribing life-ending
medications to our patients," he said.

As for himself, Rasmussen said he may continue to do so, but added that
"I'd have to get legal advice. I certainly wouldn't want to risk my medical
career over this."

Oregon U.S. Attorney Mike Mosman said after Jones' order that "I strongly
doubt that will ever happen during the interim" between Tuesday's order by
Ashcroft, his boss, and the final court ruling on its legality.

WHAT'S NEXT

Attorneys have until Nov. 16 to submit their written legal arguments in
Oregon's challenge of Tuesday's federal administrative directive to strip
doctors of their licences to prescribe federally controlled drugs if they
help patients end their lives under Oregon's Death With Dignity Act.