Gabriella Shook.  Plaintiff- State of Oregon  Defendant- Attorney General John Ashcroft, then Alberto Gonzales org/historyfacts/gonzalesvore.

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Presentation transcript:

Gabriella Shook

 Plaintiff- State of Oregon  Defendant- Attorney General John Ashcroft, then Alberto Gonzales org/historyfacts/gonzalesvore gon

 Controlled Substances Act 1970  Death with Dignity Act

 Did the Controlled Substances Act authorize the attorney general to ban the use of controlled substances for physician-assisted suicide in Oregon?

 District ruled in favor of the Plaintiff  Ashcroft overstepped his authority  Appeals ruled in favor of the Plaintiff  Ashcroft’s decision unconstitutional  State’s rights

 Gonzales replaced Ashcroft  Agreed that Ashcroft’s directive was consistent with the intentions of the Controlled Substances Act  Federal uniformity vs. state sovereignty

 Ashcroft/Gonzales supporters:  To restrain misuse of prescriptions, must ban assisted suicide  Oregon’s argument:  Ashcroft had no authority under Controlled Substances Act  Legitimate medical purpose  Majority of Americans agree with assisted suicide  State choice, not federal

 Majority (6):  Justice Anthony Kennedy  CSA regulated drug misuse, not medical practices  Dissenting (3):  Justice Thomas  Gonzales v. Raich: CSA regulates how drugs are used; if only intended to rid of addictive drugs, then marijuana should be legal; contradicts case of Gonzales v. Oregon  Ashcroft reasonable interpretation

 State debate  Montana, Washington, Vermont  Brittany Maynard  29  Terminal brain cancer-6 months  Loss of cognitive and motor skills

 “Gonzales v. Oregon (formerly Oregon v. Ashcroft) ( ),” Cornell University Law School: Legal Information Institute; available from Internet; accessed 18 November  "GONZALES v. OREGON," The Oyez Project at IIT Chicago-Kent College of Law, accessed November 24, 2014, /2005/2005_04_ /2005/2005_04_623  “The Supreme Court of the United States,” Supreme Court of the United States; available from Internet; accessed 18 November 2014.