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American Morning

Justice Department v. Oregon in Assisted Suicide

Aired March 22, 2002 - 09:34   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
ANDERSON COOPER, CNN ANCHOR: In a federal courtroom in Portland today, the U.S. Justice Department squares off against the state of Oregon in a hearing which could decide the fate of the nation's first and only assisted suicide law.

James Hattori reports now it is a battle as much about how to define states' rights as it is about whether helping someone to commit suicide is appropriate medical treatment.

(BEGIN VIDEOTAPE)

JAMES HATTORI, CNN CORRESPONDENT: Last summer, 56-year-old Jim Romney was diagnosed with ALS, Lou Gehrig's disease. Incurable and fatal, it attacks the motor nerves, eventually causing paralysis.

You can't breathe, you can't speak, you can't eat, you can't swallow. You have no control over your body functions, so at some point, one loses a little bit of dignity in that condition, so...

HATTORI: It's that concern that made him a plaintiff in Oregon's legal battle against the federal government over a terminally ill person's right to decide how to die.

(on camera): In 1994, Oregon became the first state in the nation to pass a death with dignity referendum. After legal battles and another statewide vote, the law took effect in 1997. But last November, U.S. Attorney General John Ashcroft announced the federal government was going after physicians who prescribed drugs to patients who, in the government's view, were planning to commit suicide.

PETER RASMUSSEN, ONCOLOGIST: He believes that he has the right to impose his personal beliefs on the personal behavior of other people.

HATTORI: Dr. Peter Rasmussen, a cancer specialist in Salem, Oregon, is one of the physicians who have so far written about 100 prescriptions for lethal dosages of drugs under the state law now being challenged.

RASMUSSEN: I really view this as a fundamental ethical dilemma that Americans are thinking about.

HATTORI: The Justice Department declined requests for an interview. In a memorandum to the Drug Enforcement Administration, Attorney General Ashcroft determined that "Assisting suicide is not a legitimate medical purpose," that prescribing drugs to assist suicide "violates the Controlled Substances Act," "regardless of ... state law."

Legal experts say Ashcroft's action puts states' rights at issue.

UNIDENTIFIED FEMALE: If Oregon is at risk, all states are at risk. And that's why all eyes should be on Oregon, to see how this comes out.

HATTORI: In federal court, Oregon is seeking an injunction to permanently block Ashcroft's policy. A decision is expected within 30 days -- a decision that, from Jim Romney's perspective, should acknowledge the people's will.

ROMNEY: Voters approved. The feds have no business interfering with states' rights.

James Hattori, CNN, Portland, Oregon.

(END VIDEOTAPE)

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