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Published byPiers Matthews Modified over 9 years ago
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Gabriella Shook
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Plaintiff- State of Oregon Defendant- Attorney General John Ashcroft, then Alberto Gonzales http://www.deathwithdignity. org/historyfacts/gonzalesvore gon
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Controlled Substances Act 1970 Death with Dignity Act 1994 http://www.worldmag.com/2006/02/life_changing_decisions
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Did the Controlled Substances Act authorize the attorney general to ban the use of controlled substances for physician-assisted suicide in Oregon?
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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
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Gonzales replaced Ashcroft Agreed that Ashcroft’s directive was consistent with the intentions of the Controlled Substances Act Federal uniformity vs. state sovereignty
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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
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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
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State debate Montana, Washington, Vermont Brittany Maynard 29 Terminal brain cancer-6 months Loss of cognitive and motor skills
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“Gonzales v. Oregon (formerly Oregon v. Ashcroft) (04- 623),” Cornell University Law School: Legal Information Institute; available from http://www.law.cornell.edu/supct/cert/04-623; Internet; accessed 18 November 2014. "GONZALES v. OREGON," The Oyez Project at IIT Chicago-Kent College of Law, accessed November 24, 2014, http://www.oyez.org/cases/2000- 2009/2005/2005_04_623.http://www.oyez.org/cases/2000- 2009/2005/2005_04_623 “The Supreme Court of the United States,” Supreme Court of the United States; available from http://www.supremecourt.gov/opinions/05pdf/04-623.pdf; Internet; accessed 18 November 2014.
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