[ OUR OPINION ]
PROTECTORS of states' rights won an important -- although expected -- ruling in a federal judge's rejection of Attorney General John Ashcroft's brazen attempt to undermine Oregon's law allowing physician-assisted suicide. The absurd argument that death-with-dignity legislation in Hawaii would violate the federal drug-trafficking laws cited by Ashcroft can no longer be used. Unlock Hawaii’s
laboratory of liberty
THE ISSUE A judge has rejected Attorney General John Ashcroft's challenge of Oregon's law allowing physician-assisted suicide.
Ashcroft maintained that a doctor's lethal prescription to a terminally ill patient desiring an end to ongoing pain violated the federal Controlled Substance Act's requirement that drugs be used for a "legitimate medical purpose." As U.S. District Judge Robert E. Jones of Oregon pointed out, Congress has twice rejected bills to ban physician-assisted suicide, leaving such medical matters for states to decide. The Controlled Substances Act was intended to combat drug trafficking and abuse, not interfere with states' traditional regulation of physicians.
Ironically, the U.S. Supreme Court arrived at the same conclusion five years ago when it upheld Washington state's ban on assisted suicide. "States are presently undertaking extensive and serious evaluation of physician-assisted suicide and other related issues," Justice Sandra Day O'Connor explained. The task of safeguarding such "liberty interests," she added, should be entrusted to the "laboratory" of the states.
The Death With Dignity Act was approved as an initiative by Oregon voters in 1994 and overwhelmingly affirmed three years later. The law allows a doctor to prescribe a lethal dose of medicine when requested by a terminally ill Oregon resident diagnosed as having less than six months to live who is mentally alert and whose request has been approved by two physicians, a psychologist and a social worker. Since it was signed into law in 1998, at least 91 people, most of them afflicted with cancer, have used it to end their suffering.
The Hawaii House has approved a bill similar to the Oregon statute, but Sen. David Matsuura has abused his power as chairman of the Senate Health Committee by blocking the proposal. Matsuura cited Ashcroft's challenge of the Oregon law to support his obstructionism, but the Big Island Democrat's reasons are understood to be based on his religious beliefs.
Matsuura essentially has locked the door to what O'Connor described as the state's laboratory. While Judge Jones scolded Ashcroft for trying to "stifle an ongoing, earnest and profound debate in the various states concerning physician-assisted suicide," Matsuura has taken upon himself the role of stifling that debate in Hawaii. Governor Cayetano yesterday called on Matsuura to permit a vote on the bill. Other legislators also should demand that the laboratory door be opened and that the democratic process go forward.
BACK TO TOP
Published by Oahu Publications Inc., a subsidiary of Black Press.Don Kendall, Publisher
Frank Bridgewater, Editor 529-4791; fbridgewater@starbulletin.com
Michael Rovner, Assistant Editor 529-4768; mrovner@starbulletin.com
Lucy Young-Oda, Assistant Editor 529-4762; lyoungoda@starbulletin.comMary Poole, Editorial Page Editor, 529-4790; mpoole@starbulletin.com
The Honolulu Star-Bulletin (USPS 249460) is published daily by
John Flanagan, Contributing Editor 294-3533; jflanagan@starbulletin.com
Oahu Publications at 500 Ala Moana Blvd., Suite 7-500, Honolulu, Hawaii 96813.
Periodicals postage paid at Honolulu, Hawaii. Postmaster: Send address changes to
Star-Bulletin, P.O. Box 3080, Honolulu, Hawaii 96802.
