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OREGON v. ASHCROFT

No. CIV. 01-1647-JO.

192 F.Supp.2d 1077 (2002)

State of OREGON, Plaintiff, and Peter A. Rasmussen; et al., Plaintiff-Intervenors, v. John ASHCROFT, in his official capacity as United States Attorney General; ASA Hutchinson, in his official capacity as Administrator of the Drug Enforcement Administration; Kenneth W. Magee, in his official capacity as Director of the Drug Enforcement Administration, Portland Office; United States of America; United States Department of Justice; and United States Drug Enforcement Administration, Defendants.

United States District Court, D. Oregon.

April 17, 2002.

Attorney(s) appearing for the Case

Stephen K. Bushong, Trial Division Salem, OR, for Plaintiff.

Eli D. Stutsman, Attorney at Law, Peter H. Koehler, Jr., Tonkon Torp, Todd G. Glass, Heller Ehrman White & McAuliffe, Portland, OR, for Plaintiff-Intervenors.

Craig J. Casey, Assistant United States Attorney, District of Oregon, United States Attorney's Office, Portland, OR, for Defendants.

OPINION AND ORDER

ROBERT E. JONES, District Judge.

INTRODUCTION

After surviving voter and legal challenges, the 1994 Oregon Death with Dignity Act ("Oregon Act"), O.R.S. 127.800 et seq, finally went into effect in October 1997. On November 6, 2001, with no advance warning to Oregon representatives, Attorney General John Ashcroft (herein referred to as "Ashcroft") fired the first shot in the battle between the state of Oregon and the...

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