9th Circuit tells Ashcroft he overstepped his boundaries...
another victory for state's rights...that other edge of the sword is cutting deeper.
Oregon's Death with Dignity Act
Ashcroft issued a directive in 2001 declaring that assisting suicide was not a legitimate medical purpose under the Controlled Substances Act, and saying that prescribing federally controlled drugs for that purpose was against the law.
In a 2-1 opinion, the 9th Circuit said, "We hold that the Ashcroft Directive is unlawful and unenforceable because it violates the plain language of the Controlled Substances Act, contravenes Congress' express legislative intent and oversteps the bounds of the Attorney General's statutory authority.
...
The attorney general's unilateral attempt to regulate general medical practices historically entrusted to state lawmakers interferes with the democratic debate about physician-assisted suicide and far exceeds the scope of his authority under federal law."
and so the pendulum swings...
another victory for state's rights...that other edge of the sword is cutting deeper.
Oregon's Death with Dignity Act
Ashcroft issued a directive in 2001 declaring that assisting suicide was not a legitimate medical purpose under the Controlled Substances Act, and saying that prescribing federally controlled drugs for that purpose was against the law.
In a 2-1 opinion, the 9th Circuit said, "We hold that the Ashcroft Directive is unlawful and unenforceable because it violates the plain language of the Controlled Substances Act, contravenes Congress' express legislative intent and oversteps the bounds of the Attorney General's statutory authority.
...
The attorney general's unilateral attempt to regulate general medical practices historically entrusted to state lawmakers interferes with the democratic debate about physician-assisted suicide and far exceeds the scope of his authority under federal law."
and so the pendulum swings...
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