Rutland Herald
May 26, 2004

Political ripples seen in Vermont
By John Zicconi, Vermont Press Bureau

MONTPELIER - Vermont supporters of physician-assisted suicide Wednesday rejoiced that a federal appeals court ordered the Bush administration not to meddle with Oregon's 6-year-old Death With Dignity Act, and predicted the decision would ripple through local politics this election year.

Various polls indicate that as many as 68 percent of Vermonters favor physician-aided suicide, but the Legislature, which adjourned last week, declined to debate the issue.

The court decision Wednesday will likely intensify grassroots efforts to bring an Oregon-type law to Vermont when lawmakers reconvene in January, supporters of physician-assisted suicide said.

"We do have a majority that supports end-of-life quality in this state," said Ron Raynolds, president of End of Life Choices Vermont. "It would be wise for some legislators to look over their shoulders and see if they are leading the parade in the right direction."

The 9th U.S. Circuit Court of Appeals Wednesday ruled that U.S. Attorney General John Ashcroft exceeded his authority when he threatened to revoke the licenses of Oregon physicians who aid suicides. The court in a 2-1 decision ruled the federal government cannot hold doctors criminally liable for prescribing narcotic overdoses to terminally ill patients as is allowed under state law.

Oregon is the only state to legalize physician-assisted suicide.

"The rebuff of John Ashcroft must give great encouragement to terminally ill people who want to control the timing and manor of their death," said Dr. David Babbott, president of Death With Dignity Vermont.

"It means we have the ability to pass a similar law," he said. "There are no legal roadblocks to keep us from driving forward with what we need to do, which is to bring terminally ill Vermonters the same piece of mind terminally ill patients in Oregon have."

Dr. Robert Orr, president of the Vermont Alliance for Ethical Health Care which opposes physician-assisted suicide, declined to comment on the court decision because he had not read it. However, he said he doubted the decision would affect local politics.

"I don't think it will make much difference because it is a state-by-state issue," Orr said.

The Vermont Medical Society opposes legislative attempts to either legalize or criminalize physician-assisted suicide. Paul Harrington, the group's executive vice president, said 75 percent of Vermont physicians oppose attempts to regulate the doctor-patient relationship, and he doubted Wednesday's court decision would alter that position.

"The fact that the U.S. Attorney General called into question Oregon's law did not come up in our discussions ... and really had no impact on the policy the Vermont Medical Society adopted," Harrington said. "I don't believe a court decision that states have the ability to pass laws on this will have any bearing on how Vermont physicians feel on this issue."

Earlier this month, 78 Vermont House members signed a letter asking the state's legislative council to research the "factual disputes" surrounding physician-assisted suicide by the time lawmakers reconvene in January.

Chief Legislative Council William Russell said his staff will carry out that objective despite orders to the contrary from the House Health and Welfare Committee.

Rep. William Aswad, D-Burlington, led the petition drive. He said a study, combined with the court decision, should give physician-assisted suicide supporters momentum leading into next year's legislative session.

"The court decision ought to strengthen our position," Aswad said. "It should help that we have a decision that the federal government can't intervene, and that this really is a state matter."

Contact John Zicconi at john.zicconi@rutlandherald.com.