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Originally Posted by Elphaba
Josh, I favor Oregon's law, but I am not as convinced as you are that the Fed's will lose the battle. I liked your ceremonial death by sword bit of humor, but isn't it true that assisted suicide involves a prescription of a lethal amount of a drug? Should the Fed's win, I believe there would be a serious "chilling" effect on doctors if they are risking prosecution. Has Oregon found a way around this?
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Thanks for pointing this out! I should clarify that despite my fervent belief in what the right way for the Court to decide is, that doesn't necessarily mean I'm totally bullish on the prospect that they will decide that way. And yes, while the law will remain technically in effect and legal, if the Feds succeed it will indeed neuter the law in effect for all intents and purposes. Of course, since the law is still on the books and as legal as ever, when the Administration changes its position (or just when the Administration changes), and the Feds stop intervening, practise under the law can continue.
Undoubtedly, Oregon will not stop trying to challenge the Federal involvement so long as it deems that involvement to violate its rights, but I don't know what their strategy is, should they lose this case.
Josh