According to Reno congress had not intention "to displace the states as the primary regulators of the medical profession and as not to override a states' determination of that which "constitutes legitimate medical practice in the absence of a prohibitive federal law.
In November of 2001 Attorney-General Ashcroft "issued an interpretive rule, known as the Ashcroft Directive that reversed his predecessor's legal analysis of the conflict between the DWDA and the CSA." (Pew Forum on Religion & Public Life, 2005) The Ashcroft Directive "asserts the authority of the attorney general to identify and establish a uniform national definition of 'legitimate medical purpose' as used in the CSA and its implementing regulations" (Pew Forum on Religion & Public Life, 2005)
That very same year the Supreme Court made a decision in the case United States v. Oakland Cannabis Buyers' Coop. (2001) which gives weight to the Directive. Furthermore, the Office of Legal Counsel opinion on which the Directive is based, asserts that "the Oregon law represent a significant departure from the legal and ethical norms governing medical care." Also, the Directive states the intention of the attorney general to "sanction non-complying practitioners and instructs DEA officials to monitor compliance in Oregon" stating that the legalization of physician-assisted suicide in Oregon is not a defense to those in violation of the terms of the CSA through prescribing or dispensing drugs for assisting patients in suicide.
The following day after issuance of the Directive the state of Oregon filed a federal district court suit for the purpose of blocking the Directive being enforced. This suit was soon joined by terminally ill patients and health care providers. The district court granted the motion but had no jurisdiction and the case was transferred to the U.S. Court of Appeals for the Ninth Circuit. The Ninth Circuit Court "asserted jurisdiction over the case and continued the injunction." (Pew Forum on Religion & Public Life, 2005)
The case was heard on March 26, 2004 and the Ninth Circuit struck down the Directive stated that the attorney general's...
In March of 2005, she was finally removed from life support and died thirteen days later. The case had 14 appeals, numerous motions, petitions and hearings in Florida courts, five suits in the Federal District Court; Florida legislation struck down by the Supreme Court of Florida; a subpoena by a congressional committee in an attempt to qualify Terri for witness protection; federal legislation and four denials of certiorari from
McClellan's assertion that the Government promotes a "culture of life" could be seen as a contradiction when considering what sort of life it is promoting. For terminally ill patients, life could mean imprisonment in a body filled with never ending pain. The Constitution guarantees not only freedom, but also the pursuit of happiness. Surely there is no happiness in constant suffering. Some would argue that life is sacred and that
Criminal Law and Psychopathy I. Introduction Various studies have in the past indicated that there is a high correlation between violence/criminal behavior and psychopathy. This would largely be expected given that psychological studies into the character and disposition of psychopaths has demonstrated that the need for control (or power) as well as egocentrism, which also happen to be the dominant character traits of psychopaths, are predictors for deviant or antisocial behavior. The
Social Problem in a Family Context Select a social problem, disorder, or condition that affects family dynamics. Family Separation due to Deportation In the introduction describe the problem, its etiology, and effects on the family system. Problem and Etiology Innumerable children experience the trauma of separation from their families (parents), owing to deportation. For many years, no attention has been paid to their suffering or their demands. However, of late, a glimmer of hope
Physician Assisted Suicide in Patients With Unbearable Suffering or the Terminally Ill One of the most hotly debated issues today is physician-assisted suicide. Recently, California became the fifth state to legalize physician-assisted suicide, and there is an increasing likelihood that other states will follow suit in the foreseeable future. The purpose of this study is to determine if the factors chosen have any bearing on those who choose to end their
Although the decision does not invalidate laws in the 11 states that have approved medical marijuana, it does prevent protection from prosecution of users and doctors who prescribe the drug (Henderson). The 11 states that have legalized medical marijuana use include Arkansas, Arizona, California, Colorado, Hawaii, Michigan, Nevada, Oregon, Rhode Island, Vermont, and Washington (Medical). Eight states did so through the initiative process, while Hawaii's law was enacted by the
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