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Attorney General Ashcroft Case Study

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Attorney General Ashcroft does not have the legal right to threaten physicians with revoking their license since, only seven years before Oregon passed the Act which allowed to assist their patients in death. Some may believe that the Attorney General took his personal and moral opinion to work, where he could change law to his preference. The District court agreed with the statement above, therefore, they concluded that Attorney General Ashcroft did not have the authority to override a state 's decision regarding what is or is not a "legitimate medical practice" and that Ashcroft exceeded his authority under the CSA. In July 2005, Oregon v. Ashcroft changes to Gonzales v. Oregon. Alberto Gonzales, the new Attorney General, much like his predecessor (Ashcroft) also believes that Congress did clearly intended to give the Attorney General the power to invalidate the Oregon Act. Attorney General …show more content…

In the Baxter v. Montana case, the Plaintiffs ' statement was that the right to assisted death is based on three of the explicit rights in the Montana Constitution; equal protection, personal dignity, and individual privacy. The right to privacy and equal protection are also in the U.S. Constitution, therefore, Mr. Baxter should be able to do as he pleases in the privacy of his own home. The state denying Baxter these natural rights, brings up more issues besides the right to die. More importantly, it was also clear that throughout the case Mr. Baxter was diagnosed with lymphocytic leukemia and was terminally ill. The District Court of the First Judicial District agreed and held that a competent, terminally ill patient has a right to die with dignity and appealed the case. Sadly, Baxter died before the case was decided on. Now this case has gone to a higher court where The Montana Supreme Court stated

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This decision was upheld by The Illinois Supreme Court affirmed. However, later the United Stated Supreme Court made a reversal and ruled that probable cause existed. This reversal lead to The US Supreme Court also making a reversal in their decision in the Spinelli case; it was determined that the” totality of the circumstances” should be considered when testing if probable cause,

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Washington chose to enforce the ban as it is rationally related to a state interest, therefore related to the exercise of its police powers. In my opinion, Washington 's ban on physician assisted-suicide did not violate the Fourteenth Amendment 's Due Process Clause. Analyzing the guarantees of the Due Process Clause, the Court focused on two main aspects: the protection of our nation 's objective fundamental, historically rooted, rights and liberties; and the cautious definition of what constitutes a due process liberty interest. The Court held that the right to assisted suicide is not a fundamental liberty interest protected by the Due Process Clause since its practice has been, and continues to be, offensive to our national traditions and practices.

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57. Cruzan v. Director, Missouri Dept. of Health (1990): Cruzan, in a vegetative state, could not make life decisions for herself and was brain dead so her family attempted to end her life support. The hospital would not allow her to do so because Missouri State law required court approval before terminating life support. Because there is no guarantee that family will always make decisions with best interests at heart in addition to the fact that the Missouri policy was designed to save lives, the SC upheld Missouri’s

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The right to assisted suicide is a heavily controversial and debated over topic that concerns people all around the United States. The arguments go back and forth about whether a dying patient has the right to end their life with the assistance of a doctor or physician. Some people are against it because of moral and religious reasons. Others are for it because of their compassions and respect for unhappy patients waiting to die naturally. Assisted suicide is prohibited by common law or criminal statute in all 50 U.S. states; medical aid in dying is specifically authorized in 5 states: Oregon, Washington, Vermont, Montana, and California.

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Another significant question in this case is whether Dr. Kevorkian had the right of “playing God” by assisting people in dying when they wanted to instead of letting nature take its course. This last legal issue focuses on finances because should relatives to a terminally ill person have to reduce their quality of life by taking money out of their own pocket to pay for the extremely expensive cost of life support of their loved one if they are in pain and in a vegetative state not really living life? All these legal issues are present everyday with the large number of individuals on life support which affects the loved ones of these ill people, and the government on having to make laws to better

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Issue 6- Does the Act violate the Procedural Due Process? Conclusion 1.

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1) How do “the strain on institutional capacity and… the volume of rules affect implementation” of congressional laws? Congressional laws are intentionally crafted with a certain amount of ambiguity. Legislation intentionally lacks regulatory statutes as a means of allowing civil servants with the appropriate expertise to refine the rules required to achieve the broad goals outlined by a certain bill or legislative agenda. Essentially, the “operational details” of a policy initiative are delegated to the appropriate agency, guided by an outline of a program or initiative authorized by congressional legislation. As expected, an agency’s institutional capacity to develop and implement new rules/regulation varies based on several factors, including,

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“Be smart, be strong, live honorably and with dignity, and just hold on” (Fray). Physician assisted suicide or better known as Death with Dignity isn’t your everyday topic or thought, but for the terminally ill it’s a constant want. The Death with Dignity isn’t something that all people or religions are in favor of and nor is the act passed in all states in the United States. Only three states in the U.S. today, Oregon, Vermont, and Washington offer their residents the option to have aid in dying as long as all the requirements are met. Death with Dignity doesn’t effect just the terminally ill person, but as well as family and friends around them creating many conflicting thoughts when opinion if Death with Dignity is truly moral and a choice

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The dying patient no longer has quality of life, they have lost their independence, are lonely, are forced to endure inevitable pain, are publicly humiliated, are suffering immensely, and are forced to watch their loved ones grieve because of them. It is an innate Constitutional Right to choose how to die, since we all will die. There comes a point when the poking and prodding becomes too much, when the patient wants to just die in silence in the loving arms of their

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The Right to Die movement is a group of organizations that support a physician’s ability to assist in patient suicide. Despite protest and attempts to legalize assisted suicide, it is only legal in three states in the Nation. Assisted suicide is not a new modern concept; the issue has been going on since as early as the 1900’s thanks to “Dr. Death.” The “Right to Die” movement is a growing organization that needs to be stopped.

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For the terminally ill the decision of ending their lives with compassion should be a fundamental right, a personal

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It would be nice to be able to choose where we die, how we die, and why we die. Now we can with assisted suicide, but not all agree on the terms that come with this subject. Many agree that aid-in-dying should be available to those suffering from a terminal illness, but is this process of assisted suicide constitutional? Aid-in-Dying should not be practiced in hospitals because it has a negative effect on others and their families. Aid-in-dying should not be practiced in hospitals because it is unconstitutional.

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The Death with Dignity Act has two arguments: those who believe we have the right to choose how and when we die, and those who believe we do not possess that right; that we should not interfere with the natural order of life. Every year, people across America are diagnosed with a terminal illness. For some people there is time: time to hope for a cure, time to fight the disease, time to pray for a miracle. For others however, there is very little or no time. For these patients, their death is rapidly approaching and for the vast majority of them, it will be a slow and agonizing experience.

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The Right to Die 1) Introduction a) Thesis statement: Physician assisted suicide offers patients a choice of getting out of their pain and misery, presents a way to help those who are already dead mentally because of how much a disease has taken over them, proves to be a great option in many states its legal in, and puts the family at ease knowing their love one is out of pain. i) The use of physician assisted death is used in many different countries and some states. ii) Many people who chose this option are fighting a terminal illness.

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The Right to Die has been taking effect in many states and is rapidly spreading around the world. Patients who have life threatening conditions usually choose to die quickly with the help of their physicians. Many people question this right because of its inhumane authority. Euthanasia or assisted suicide are done by physicians to end the lives of their patients only in Oregon, Washington, Vermont, Montana, New Mexico and soon California that have the Right to Die so that patients don’t have to live with depression, cancer and immobility would rather die quick in peace.

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