Lee v. Oregon

Good Law
107 F.3d 1382
United States Court of Appeals for the Ninth CircuitFebruary 27, 1997Nos. 95-35804, 95-35805, 95-35854, 95-35948 and 95-35949California7,119 words

Opinion

Lead Opinion

Brunetti, J.

The plaintiffs in this case are doctors, patients, and residential care facilities challenging the facial validity of the State of Oregon’s Death With Dignity Act. Plaintiffs contend the Act violates the First and Fourteenth Amendments to the United States Constitution, as well as several federal statutes. The district court found the Act to violate the Equal Protection Clause and permanently enjoined its enforcement. Because the federal courts do not have jurisdiction to entertain Plaintiffs’ claims, we vacate and remand with instructions to dismiss Plaintiffs’ complaint.

BACKGROUND

A. The Proceedings

On November 8, 1994, through the initiative power reserved them under the Oregon Constitution, Oregon voters approved Measure 16, the Oregon Death With Dignity Act (“Measure 16” or “the Act”). Measure 16, reprinted in full as an Appendix to this opinion, establishes a statutory framework within which a competent terminally-ill adult may legally request a prescription for medication “for the purpose of ending his or her life in a humane and dignified manner.” Measure 16, § 2.01. Fifteen days before the Act was to take effect, on November 23, 1994, Plaintiffs filed a class action…

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