SAN FRANCISCO (AP) - The Bush administration asked a federal appeals court here Monday to reconsider a May decision that upheld Oregon's assisted suicide law and prohibited federal charges against doctors who prescribe overdoses.
The administration wants the 9th U.S. Circuit Court of Appeals to set aside its ruling backing the nation's only law allowing doctors to assist in hastening the death of patients. The Justice Department says the case, originally decided by a 2-1 vote, should be reheard with an 11-judge panel. Thirteen of the circuit's 25 full-time judges must agree to a rehearing, and they are rarely granted.
The three-judge panel in May ruled that, under the state's voter-approved law, Attorney General John Ashcroft cannot sanction or hold Oregon doctors criminally liable for prescribing overdoses.
The panel said the states were free to adopt such laws, while the administration claims federal drug laws prohibit doctors from dispensing medication to end a patient's life.
http://apnews1.iwon.com/article/20040712/D83PH7C01.html