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Ashcroft Should Butt Out
Las Vegas Review-Journal ^ | 25 SEP 02 | Editor

Posted on 09/26/2002 6:14:56 PM PDT by bat-boy

Tenth Amendment And Common Compassion Sacrificed In Raw Power Grab

At least the Bush administration is consistent.

Faced with separate new state laws which ( in a number of states ) allow medical patients to use marijuana on a doctor's recommendation, and which ( in Oregon ) allow doctors to provide -- not administer -- life-ending drugs to terminally ill patients, the Bush administration says no and no: Dying patients not only have to live in pain, they have to live a really long time in pain, no matter what their degree of anguish.

In San Francisco on Monday, U.S. Attorney General John Ashcroft's Justice Department renewed its campaign to have Oregon's 4-year-old "Death With Dignity Act" thrown out, asking a U.S. appeals court to strip participating Oregon doctors of their right to practice medicine -- or even to charge them criminally.

This from an administration, mind you, which campaigned on a promise that the GOP would do better than the meddling Democrats when it came to respecting the 10th Amendment rights of the several states to decide their own course on such matters ( in which the federal Constitution grants the central government no power to meddle, in the first place ).

Under the Oregon law -- overwhelmingly approved by voters there in 1994 and again in 1997 -- patients who are given less than six months to live are allowed to request a lethal dose of drugs only if two doctors confirm the diagnosis and judge the patient mentally competent to make his or her own decisions.

Oregon has reported that at least 91 patients have used the option since Gov. John Kitzhaber, a physician, signed the law in 1998.

According to the federal logic, however, the lethal prescriptions can be banned on the grounds they do not constitute "medications" under the Controlled Substances Act. But this gets the logic of limited government precisely backwards: If the Oregon lethal doses aren't "medications," the federal government has no grounds to ban or control them, any more than it can jail doctors for advising their patients to drink more orange juice on the theory that orange juice is not a "recognized medication."

What does it mean to insist Americans still live in a "free" country, if we don't even retain title to our own lives and bodies -- if those who are sound of mind are to be forced to live out their final days in agony and physical humiliation just so no government bureaucrat will ever be forced to confront the sobering fact that our lives belong to us individually, rather than to the omnipotent state?

Oregon patients have already threatened to shoot themselves if Mr. Ashcroft's directive goes into effect, reports George Eighmey, executive director of Compassion in Dying. How would Mr. Ashcroft propose to prevent that -- stiff new federal restrictions on the sale of bullets?

Whoops -- better not give them any ideas.


TOPICS: Constitution/Conservatism; Editorial; Government; Miscellaneous; News/Current Events; Politics/Elections; US: Nevada
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1 posted on 09/26/2002 6:14:56 PM PDT by bat-boy
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To: bat-boy
10th Amendment? What's that?
2 posted on 09/26/2002 6:17:42 PM PDT by Senator Pardek
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To: Senator Pardek
Thou shalt not have dominion over the grass in the field?
3 posted on 09/26/2002 6:41:50 PM PDT by gcruse
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To: bat-boy
It's amazing how pot is the ONLY thing that can alleviate people's pain now. I have more sympathy for pot heads that are honest...
4 posted on 09/26/2002 6:43:38 PM PDT by Isle of sanity in CA
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To: gcruse
That's what my old man used to say when my momma would tell him to mow the lawn.
5 posted on 09/26/2002 6:44:48 PM PDT by Senator Pardek
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To: Isle of sanity in CA
It's amazing how pot is the ONLY thing that can alleviate people's pain now.

They're not talking about physical pain. The pain they speak of is more of an existential one.

6 posted on 09/26/2002 6:49:29 PM PDT by Mr. Mojo
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To: Isle of sanity in CA
Yep...Everyone is getting cancer just so they can smoke pot. Them damn potheads will do anything won't they?
7 posted on 09/26/2002 6:49:31 PM PDT by bat-boy
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To: Senator Pardek
 
That's what my old man used to say when
my momma would tell him to mow the lawn.

My father was always on about trimming
the bush, or something like that.  Damn,
this is some good sh!t.

8 posted on 09/26/2002 6:51:57 PM PDT by gcruse
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To: Isle of sanity in CA
Oregon patients have already threatened to shoot themselves if Mr. Ashcroft's directive goes into effect

*Snort*

9 posted on 09/26/2002 6:54:47 PM PDT by Howlin
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To: Isle of sanity in CA
It's amazing how pot is the ONLY thing that can alleviate people's pain now. I have more sympathy for pot heads that are honest...

Yep. If marijuana was available in pill form, the term "medicinal marijuana" would never be heard again.

10 posted on 09/26/2002 7:00:38 PM PDT by sinkspur
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To: sinkspur; Isle of sanity in CA; bat-boy
If marijuana was available in pill form, the term "medicinal marijuana" would never be heard again.

But it is available. It's called Marinol. Why is this available by prescription but you can't grow a plant that contains the same ingredients in your back yard? Could it have anything to do with government hypocrisy?

Marinol is now, I believe, a Class III Controlled Substance, while the plant remains a Class I. They both contain the same active ingredient. Why is one a (nice profitable) prescription drug, and the other "a drug", as in the War on Drugs? Why is a nice capsule legal "medical marijuana", when the plant is not?

11 posted on 09/26/2002 7:37:15 PM PDT by SR71A
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To: SR71A
Why is a nice capsule legal "medical marijuana", when the plant is not?

Thank you for proving my point. Nobody wants to swallow Marinol; they'd rather toke a dube.

12 posted on 09/26/2002 7:42:34 PM PDT by sinkspur
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To: SR71A
Why is one a (nice profitable) prescription drug, and the other "a drug", as in the War on Drugs? Why is a nice capsule legal "medical marijuana", when the plant is not?

"The Latin American drug cartels have stretched their tentacles much deeper into our lives than most people believe. It's possible they are calling the shots at all levels of government." - William Colby, former CIA Director, 1995

13 posted on 09/26/2002 7:46:10 PM PDT by bat-boy
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To: sinkspur
People on chemotherapy and many AIDS drugs cannot swallow without puking it back up. So the little pill does not stay down.

BTW, why is any of this your's or Ashcroft's business? It should be between a doctor and patient.

But you and Ashcroft feel it is the government's job to say "Administer via the stomach = good. Administer via the lungs = bad." The drug companies support that theory.

And you seriously don't think this has anything to do with the fact that people can't grow pills in their backyard?

14 posted on 09/26/2002 7:53:23 PM PDT by dead
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To: bat-boy
This article also wants Ashcroft to let Oregon doctors kill their patients.

That is an extremely dangerous business. Under the guise of letting a few people die painlessly, it will bring in an enormous death industry, and we will end up seeing "useless eaters" and expensive medical cases killed off on orders of the government and the AMA, whether or not they choose to be killed.

It has already happened in the Netherlands. Do you really want to be treated by a doctor who might kill you when you aren't looking?
15 posted on 09/26/2002 7:54:05 PM PDT by Cicero
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To: dead
People on chemotherapy and many AIDS drugs cannot swallow without puking it back up. So the little pill does not stay down.

My brother died from colon cancer, and administered morphine to himself, intravenously, for three years. It seemed to blunt the pain; we went to DisneyWorld in Orlando while he was under this regimen.

Look, if somebody needs to snort marijuana for pain, that's fine with me. I'm just not convinced that all of this "medicinal marijuana" stuff is about medicine.

But, my dear friend dead, you're a drug legalizer, so we will never agree on this subject.

Toke one for me, and I'll slam some Cabernet for you.

16 posted on 09/26/2002 8:01:35 PM PDT by sinkspur
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To: sinkspur
if somebody needs to snort marijuana for pain

LOL.

17 posted on 09/26/2002 8:03:43 PM PDT by Sir Gawain
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To: sinkspur
Typical loser. I point out the holes in your argument, you call me a "druggie".

I've got better things to with my time. There's intelligent debaters on this site.

18 posted on 09/26/2002 8:04:30 PM PDT by dead
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To: Cicero
I didn't knowabout the Netherlands thing. I'll have to look into that.

I don't want the things you describe. Not at all. However, I believe in the 10th amendment and the citizens of Oregon have voted for it. Regardless of how I feel about it, I don't live in Oregon.

One problem that may help alieviate the problem is proper pain management without government interference. I'm not speaking of pot. I'm speaking of doctors being afraid of prescribing the proper amount of medication due to fears of the DEA coming down on them. This is a real problem of which many articles have been written about.

19 posted on 09/26/2002 8:09:20 PM PDT by bat-boy
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To: dead
Typical loser. I point out the holes in your argument, you call me a "druggie".

I don't recall doing that. I recall calling you a drug legalizer. There's a difference.

I've got better things to with my time. There's intelligent debaters on this site.

Yes there are. Some can read, some can't.

20 posted on 09/26/2002 8:12:20 PM PDT by sinkspur
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