Feds need to stay out of end-of-life decisions

I don’t know whether the federal Controlled Substances Act allows the federal government to prevent Oregon doctors from prescribing drugs used to end the lives of terminally ill patients, as the Bush administration argued before the U.S. Supreme Court today. But philosophically, I wish the federal government would stay out of this issue. Regulating medicine is a state responsibility, not a federal one. And the voters of Oregon have twice approved physician-assisted suicide. As much as possible, end-of-life decisions should be left to individuals, not to the federal government.
Posted by Phillip Brownlee

20 Comments

  1. Ben Huie
    Posted October 5, 2005 at 1:41 pm | Permalink

    You are absolutely correct. I have faced this issue both as the patient and as a family member. The last thing any of us need is a bunch of political hacks sticking their filthy noses into it.

  2. Ray Thomas
    Posted October 5, 2005 at 5:19 pm | Permalink

    Whatever happened to the Constitutional guarantee that anything not specifically delegated to the federal government was reserved specifically for States’ Rights?

    The fed is getting involved in waaaay too many things, and this is just one more. There is no reason for the federal government to interfere in a state issue.. especially an intensely personal one like this. The states are much better equipped to respond to citizen needs.

  3. Posted October 5, 2005 at 6:54 pm | Permalink

    Heh, yup, Ray.

    But once the Supreme Court ruled on the “states’ right” issue of voting (by overruling the Florida Supreme Court), all those conservatives who constantly invoke the 10th amendment dammit! showed themselves for the utter hypocrites they are.

    Remember all that crap about “strict constructionism” Scalia and Bush spout. It all flies out the window when it looks like Bush is gonna lose . . .

  4. Jed
    Posted October 5, 2005 at 7:28 pm | Permalink

    End of life issues are something everybody needs to decide on for themselves and put in writing, and everybody else, including the government, needs to respect. Period!

  5. CF
    Posted October 5, 2005 at 8:26 pm | Permalink

    Jed,

    Tell it to the Judge–Judge Roberts, that is.

    Welcome to the New World Order.

  6. R.D.Liebst
    Posted October 5, 2005 at 8:44 pm | Permalink

    It appears to have all been said.This may be a first since coming to these boards…Complete agreement.

  7. Damoon
    Posted October 5, 2005 at 8:46 pm | Permalink

    If anyone should interfere with my right to die as I choose, I swear I’ll come back and haunt them forever. These decisions should be left up to patients and their next of kin, everyone else should butt out. What happened to Terri Schavio was tragic.

  8. Ray Thomas
    Posted October 5, 2005 at 8:54 pm | Permalink

    Damoon–you are so right in that the Terri Schavio case was tragic. Please remember, tho, that particular case was brought about by Terri’s parents, the goverrnment did not initiate action in that one. Her parents continued to sue, push, lobby, and refuse to allow Terri the peace she deserved.

    Interesting side note in that the autopsy showed she was brain dead and had been for a long time. No comment from her family after that.

    In this case, the Bush Admin has aboslutely no business inserting itself, via drug laws, into a personal issue that is best governed at the state level.

    Yep..a first, we all seem to be in agreement….!

  9. Damoon
    Posted October 5, 2005 at 9:32 pm | Permalink

    I didn’t say family, I said “next of kin”. Her husband should have had the sole right to make the decision for her. I’m sure her parents loved her more than anything, but it wasn’t their place to interfere with the choice that she and her husband made. If we let parents win this sort of legal battle everytime they disagree with their adult children’s choices, can you imagine the can of worms that would open up in our country?

  10. janabanana
    Posted October 5, 2005 at 9:37 pm | Permalink

    The most painful thing about the Schavio case was the way she had to die. We are nicer to our pets! Secondly it was a lesson to all married people…your spouse isn’t really your family. A new husband/wife just doesn’t know you like your mom or dad. But your spouse gets to make all of the decisions about life or death issues if you don’t have it in writing. Unfortunatly, they also have control over the money that might be recieved from a settlement that is intended for your longterm care. Many a spouse, in brain injury cases, have gone to court and won large sums of money for long term care and then pull the feeding tube after getting the check. They have the right.

    People are in denial that they will die someday. Sometimes sooner than later. Everyone, no matter how old, need to put their wishes in writing.

    I think if I had terminal and painful bone cancer, I would want a shot to end it all in 10 minutes. Everyone should have that right.

  11. J R
    Posted October 5, 2005 at 11:11 pm | Permalink

    Not much to argue here. Despite party we seem in agreement.

    I would argue this is not a states right issue. It is a personal issue.

    But the case in question is this. Oregon voted twice and overwhelmingly for assistance for dignified death.It is the Bush administration itself that is attacking this…….wanting to prosecute doctors who assist in dignified death. Their agenda may be to further the pro life thing, or maybe it’s wanting to squeeze every last dollar out of the terminally ill. I don’t know. Maybe we should ask.

    Other posters are correct. We do treat our pets far more humanely than we treat our fellow human beings with respect to suffering.

    Now questions of life and death and attendant decisions are important and should be carefully considered. But I am wary of the powers in charge now who seem to choose life without any respect as to quality of life.

  12. Damoon
    Posted October 6, 2005 at 11:25 am | Permalink

    The truth is, JanaB, your spouse gets to make all the decisions regardless if you have your wishes in writing or not. Even if you demand no artifical life support and have that written in stone, a spouse can still overrule your wish to die a natural death if he or she so chooses.

  13. Jed
    Posted October 6, 2005 at 11:30 am | Permalink

    As someone who has been in the position of having to make that decision more than once, please, please make your own wishes known, in writing, long before you think you’ll need it. Not only does it increase your chances that your wishes will be carried out, but it saves your family much of the agony and ill will that inevitably occurs in such emotional situations.Sign your Living Will the next time you visit your doctor! Don’t force someone you love to go through the hell of making such a choice.

  14. janabanana
    Posted October 6, 2005 at 6:01 pm | Permalink

    Damoon, I believe if you want someone else to be in charge of your medical decisions other than your spouse, you can disclose that in a living will. I am sure it also depends on what state you live in. The spouse would have to go to court to prove you really wanted them to be in charge.I have a brother who had a head injury 11 years ago and he has been in a vegatative state since. We have seen some very bad behavior from family and spouses of other patients.

  15. RD
    Posted October 7, 2005 at 2:58 am | Permalink

    Here’s a link for a copy of and instructions for a Living Will.

    http://www.health-first.org/hospitals_services/will_info.cfm

  16. janabanana
    Posted October 7, 2005 at 9:18 am | Permalink

    Thanks RD!Good link!

  17. Damoon
    Posted October 8, 2005 at 8:24 pm | Permalink

    JanaB, sorry about your brother, it must very dificult.

  18. janabanana
    Posted October 9, 2005 at 7:15 pm | Permalink

    Thanks Damoon!It has been 11 years, so we are use to it now.My parents are very good about taking care of him even though there probably isn’t hope. They take turns. One goes in the morning, one in the afternoon and both in the evening. Everyday for 11 years!It is the least any parent should do. Husbands and wifes tend to not stick around as long. We have seen it over and over again. And when the spouse wants to get married again and the law won’t let them divorce their brain damaged spouse (no state allows it), then their only recourse is to kill them legally by removing food and water (which is very painful to watch…and we have).I think I am still for a persons right to die, but I am not sure that the spouse wanting to remarry is a good enough reason. To die that particular way would not be the best way.

  19. Damoon
    Posted October 10, 2005 at 5:55 pm | Permalink

    Wow! Your mom and dad are a real example of love and devotion. You are so lucky to have such loving, dedicated parents.

  20. Jed
    Posted October 10, 2005 at 8:54 pm | Permalink

    Jana,Are you sure about states not allowing divorce under those conditions? When my wife was in rehab following a stroke 20 years ago, I saw a lot of divorces there, and was even told by the hospital social worker that I might have to do it to get the state to pay for her treatment. Is this something recent?

    i