Gonzales Vs. Oregon Case Analysis Term Paper

Open, View, and/or
Download this Document

Total Length: 1338 words ( 4 double-spaced pages)

Total Sources: 1+

Page 1 of 4

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.

Stuck Writing Your "Gonzales Vs. Oregon Case Analysis" Term Paper?

View All Our Example Gonzales Vs. Oregon Case Analysis Term Paper

Have A Custom Example Essay Written

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 rule "violates the plain language of the CSAS, contravenes Congress' express legislative intent and oversteps the bounds of the attorney general's statutory authority." (Pew Forum on Religion & Public Life, 2005)

Arguments in the case of Gonzales v. Oregon are stated to be:

1. No Deference - Federalism and the Clear Statement Rule;

2. Substantial Deference to Agency Interpretations of Agency Regulations; and 3. Intermediate Deference to Agency Interpretations of Statutes (Pew Forum on Religion & Public Life, 2005)

Summary and Conclusion

The case of Gonzales v. Oregon was heard before the U.S. Supreme Court in early October, 2005. Chief Justice John Roberts led the hearing. Lawyers for the state of Oregon argued that the attorney general is not given authority under federal drug law to make decisions such as in the Directive. Also at issue is the authority of the attorney general in issuing such a Directive as was issued in this case. A final ruling is expected before the end of the U.S. Supreme Court's session in June,.....

Show More ⇣

     Open the full completed essay and source list


OR

     Order a one-of-a-kind custom essay on this topic


sample essay writing service

Cite This Resource:

Latest APA Format (6th edition)

Copy Reference
"Gonzales Vs Oregon Case Analysis" (2005, October 25) Retrieved May 20, 2024, from
https://www.aceyourpaper.com/essays/gonzales-oregon-case-analysis-69772

Latest MLA Format (8th edition)

Copy Reference
"Gonzales Vs Oregon Case Analysis" 25 October 2005. Web.20 May. 2024. <
https://www.aceyourpaper.com/essays/gonzales-oregon-case-analysis-69772>

Latest Chicago Format (16th edition)

Copy Reference
"Gonzales Vs Oregon Case Analysis", 25 October 2005, Accessed.20 May. 2024,
https://www.aceyourpaper.com/essays/gonzales-oregon-case-analysis-69772
   

Open, View, and/or
Download this Document
order custom essay example