What Congress should really be asking Alito about

As usual, when discussing the merits of Judge Samuel A. Alito, Jr., both liberals and conservatives are spending most of their time re-re-re debating the abortion issue and how he will or will not deal with it. They’re each missing several other issues, but one thing they’re both ignoring has folks of a certain age in Oregon holding their breaths, and it’s something that should concern everyone. It’s the Bush challenge to the Oregon Death With Dignity Law.
That law allows the terminally ill, after a rigorous process, to be prescribed a lethal dose of drugs (usually Nembutal) by a physician. The patient may then end his life when, where and in the company of whom he chooses.
The Oregon experience with that law has disproved all of the dire predictions that the (mostly religious-based) opponents made before the law was first enacted. I have interviewed many of the major opponents to the law and the only person to freely admit that his opposition was based on his faith was U.S. Sen. Gordon Smith (R-Oregon).
The law was passed by the Oregon Legislature and then by the voters in two ballot initiatives. The results of last vote in 1997 found Oregonians voting 666,275 to 445,830 to keep the law on the books.
It’s easy to talk academically, medically, theologically or philosophically about the issue, but when I think about it I see, in my mind’s eye, a bedroom in North Portland on May 3, 2003.
For my collaborator, Greg Bond and I, it was the end of shooting on a documentary we had been producing for twenty-three months, “Robert’s Story: Dying With Dignity.” It tells the story of the struggle of Robert Schwartz, fifty-two years old and terminally ill who had the medication, prescribed legally under the law. The struggle was with the decision when to end his life.
His family and friends gathered that day, and after a back porch communion service, Robert and his partner, his pastor, a representative from Compassion In Dying of Oregon, his mom and dad, brother and cousins participated his death in the most loving way possible.
I said my goodbyes, sat at his bedside and promised I would tell his story, and do right by him. After an anointing service, he drank the liquid Nembutal and went into a coma shortly thereafter, but not before his final act, which was to comfort his crying partner.
I think of the struggle he had trying to choose the right time. Of the two previous dates he had chosen, only to change his mind, because he wasn’t ready. He had more living to do, even in his weakened state. Robert had AIDS and many complications from it.
It was not a snap decision, as the opponents would like you to think. It was the most difficult decision he ever had to make.
Robert loved life, and he allowed us to video a hundred hours of it, in his weakest and strongest times. He gave up the ultimate privacy, his own death, so that others might learn how the Oregon law works.
The documentary is now complete and is in the marketing process.
This issue is not going away. Although it affects hundreds of millions more folks than the abortion issue ever will, it is much the same. The issue is simple, “I want people to have the right to self determination.” Robert told us. “I don’t mean just from their government but in every personal aspect of their life. As long as they are not hurting anybody physically or otherwise it shouldn’t make any difference to the guy next door.”
Isn’t that basic old-school conservative thinking?
When Judge Alito comes before the Senate Judciary Committee, will anyone ask him about his views on this issue, which is before the current court, and upon which his vote could be the difference? There are many terminally ill Oregonians and also those in other states (where the issue has yet to be decided) who are hoping for the peaceful option that we saw in Robert’s eyes.
This is also on huffingtonpost.com