Alice Rutter has seen firsthand the benefits of Oregon’s unique assisted suicide law that was upheld by a U.S. Supreme Court ruling Tuesday.

"I would have been terribly disappointed if this law had been overturned," said the 81-year-old Ashland woman.

As a trained client support volunteer with Compassion & Choices of Oregon, Rutter has sat with six Southern Oregonians who chose to end their owns lives because they suffered from a terminal illness.

In a 6-to-3 decision, the court ruled that former Attorney General John Ashcroft exceeded his authority and expertise when he ruled in 2001 that doctors would lose their federal prescription privileges if they prescribed lethal doses of medications for patients.

Rutter said, "My pleasure in the court’s decision is the affirmation of states’ rights."

Advertisement

But Medford doctor H. Walter Emori said he believes the law is a mistake.

"I think we as physicians dedicate our lives to help people," he said. "To be asked to do the opposite by the government is hurtful to the profession."

He believes society has started down a slippery slope that could lead to people taking their lives after being pressured by other family members.

Emori, who also doesn’t support the death penalty, said that despite his misgivings, he recognizes that a majority of Oregonians believe this is the right thing to do.

"If one of my patients asked me to do that I would say ‘no,’ " he said. "But I would tell a patient about another doctor who might help them."

Since the 1997 law took effect, up to 245 Oregonians have chosen to end their lives early. In order to qualify, they had to have determinations from two doctors that they would die within six months because of their illness. The patient also has to have the mental faculties and physical ability to take the drugs.

George Eighmey, executive director of Compassion & Choices of Oregon, said his organization helps people who are suffering the final stages of a terminal illness.

"We’ve had everyone from loggers to former Oregon Supreme Court justices," he said.

His organization doesn’t charge for its service and is only there as a guide and support for people who want to use Oregon’s law, he said.

Dr. William Tofler of Oregon Health & Science University opposes the law.

"I believe all human life is inherently valuable," he said, noting that he also opposes the death penalty. "Some of my colleagues believe some life isn’t worth living."

Tofler said he believes that many assisted suicides weren’t warranted and that the patients should have been treated for depression.

Alice Rutter said, however, that the people she has seen no longer are able to maintain any semblance of a quality life. Some have lost the use of their legs and are beginning to lose the use of their arms, while others suffer from extreme pain.

She said the law has awakened many medical practitioners to the need to provide people with severe pain with appropriate drugs, improving their quality of life.

The victory also will give many Oregonians a sense of comfort and support as they deal with the difficult road to death even if they don’t opt to end their lives early, she said.

When the time comes, Rutter said she will take comfort in knowing that she could take a lethal dose of Seconal or Nembutal to end the pain and suffering of her dying days.

"I would like to know I have that choice," she said, noting that many of her clients have filled their prescriptions but never used them.

After 30 years as a smoker, Rutter must use oxygen because of progressive bronchial problems.

"I live on a tether," she said, referring to her oxygen tube.

Patients take an anti-vomiting medication about an hour before ingesting the medications, she said. It takes about five to 10 minutes before the person slips into a coma, then they’re usually dead after about 15 minutes. Some last a few hours, she said.

Rutter said she isn’t troubled by the experience of watching someone die. "It’s both touching and a real privilege to ask to be helped in this situation," she said.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.