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Ashcroft's directive was overruled by District Judge Robert E. Jones. In his dissent, he stated, "It does not violate the Controlled Substances Act's nonpreemption provision. It neither exceeds the Attorney General's statutory authority under the Controlled Substances Act" (The Federal Register 12). Therefore, this action would be detrimental to all those who do not choose to wait for death...
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Therefore, this action would be detrimental to all those who do not choose to wait for death. In November of 2004 Ashcroft appealed to the Supreme Court and they will hear the case later this year. It is likely the Supreme Court will interpret the regulations in accordance with the 9th Circuit Court of Appeals but if it fails to do so Oregon will be forced to repeal the statute...
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