Gonzales v. Oregon

Gabriella Shook

Parties Involved

Plaintiff- State of Oregon Defendant- Attorney

General John Ashcroft, then Alberto Gonzales

http://www.deathwithdignity.org/historyfacts/gonzalesvoregon

Background

Controlled Substances Act 1970

Death with Dignity Act 1994

http://www.worldmag.com/2006/02/life_changing_decisions

Question

Did the Controlled Substances Act authorize the attorney general to ban the use of controlled substances for physician-assisted suicide in Oregon?

District and Appeals

District ruled in favor of the Plaintiff Ashcroft overstepped his authority

Appeals ruled in favor of the Plaintiff Ashcroft’s decision unconstitutional State’s rights

Supreme Court

Gonzales replaced Ashcroft Agreed that Ashcroft’s directive was

consistent with the intentions of the Controlled Substances Act

Federal uniformity vs. state sovereignty

Ashcroft/Gonzales supporters: To restrain misuse of prescriptions, must

ban assisted suicide Oregon’s argument:

Ashcroft had no authority under Controlled Substances Act

Legitimate medical purpose Majority of Americans agree with

assisted suicide State choice, not federal

Decision

Majority (6): Justice Anthony Kennedy CSA regulated drug misuse, not medical

practices Dissenting (3):

Justice Thomas Gonzales v. Raich: CSA regulates how drugs

are used; if only intended to rid of addictive drugs, then marijuana should be legal; contradicts case of Gonzales v. Oregon

Ashcroft reasonable interpretation

Political and Historical Impact

State debate Montana, Washington, Vermont Brittany Maynard

29 Terminal brain cancer-6 months Loss of cognitive and motor skills

Works Cited

“Gonzales v. Oregon (formerly Oregon v. Ashcroft) (04-623),” Cornell University Law School: Legal Information Institute; available from http://www.law.cornell.edu/supct/cert/04-623; Internet; accessed 18 November 2014.

"GONZALES v. OREGON," The Oyez Project at IIT Chicago-Kent College of Law, accessed November 24, 2014, http://www.oyez.org/cases/2000-2009/2005/2005_04_623.

“The Supreme Court of the United States,” Supreme Court of the United States; available from http://www.supremecourt.gov/opinions/05pdf/04-623.pdf; Internet; accessed 18 November 2014.