Judge overturns California's doctor-assisted suicide law
From NBCNews :
LOS ANGELES — A state judge overturned California's doctor-assisted suicide law on Tuesday, saying the legislation opening the door to life-ending drugs for the terminally ill was unconstitutional because it was introduced in the wrong forum.
Judge Daniel A. Ottolia of State Superior Court in Riverside said the law did not fall within the scope of health care services when the bill creating it was debated during a special section on the topic. He did not rule on the legality of allowing Californians to kill themselves.
He stayed his order for five days. California's attorney general, Xavier Becerra, said he would appeal immediately.
"We strongly disagree with this ruling and the state is seeking expedited review in the Court of Appeal," Becerra said in a statement.
The Life Legal Defense Foundation, American Academy of Medical Ethics and several physicians challenged the law, which allows adults to obtain a prescription for life-ending drugs if a doctor has determined that they have six months or less to live. The plaintiffs say the law lacks safeguards to protect against abuse.
State Sen. Bill Monning, who co-authored the legislation, said he was disappointed by the ruling, but confident that it would be overturned. "The court order, if allowed to stand, would invalidate people's rights," he said.
"Gov. Jerry Brown signed the law, it passed both houses, it went through hearings," Monning said. "There were no shortcuts."
Monning said a report to the Legislature covering the second half of 2016, the first full year the law was in effect, concluded that 111 Californians had taken advantage of the opportunity to end their lives.
George Eighmey, national board president of the nonprofit Death With Dignity, said California is one of seven states that have, along with the District of Columbia, passed similar laws allowing terminally ill patients to receive drugs to end their lives.
Even if a rapid appeal is successful, Eighmey said he fears that dying people who want to commit suicide will be left in limbo. "There might be people in the process of getting medication being placed on hold," Eighmey said. "And dying people can’t be placed on hold."
The Life Legal Defense Foundation, whose attorneys argued in court Tuesday against the End of Life Option Act, expressed elation.
“We are thrilled by today’s ruling, which reinstates critical legal protections for vulnerable patients,” executive director Alexandra Snyder said in a statement. “The court made it very clear that assisted suicide has nothing to do with increasing access to health care and that hijacking the special session to advance an unrelated agenda is impermissible.”
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Unbelievable! Sick or dying animals get treated with more consideration than people do. When an animal is put down, we call it humane. Why aren't people allowed the same consideration, especially if they are terminally ill and wish to die? If an individual is mentally competent enough to decide to accept or refuse what medical interventions are offered, they should also be allowed to decide if they want to die on their own terms in such situations.
I concur, Gordy. We (as a species) get so much shit bassackwards.
Indeed. Another issue along the lines of assisted suicide is the importance of Advanced Directives and living wills.
I currently have an ongoing argument with my significant other on CPR. I seriously don't want someone to do chest compressions on me.
Only 1 in 20 people survive CPR outside a hospital anyway so the odds are good I wouldn't have to worry about all that stuff.
CPR can be quite effective if initiated quick enough. The real decline in survivability happens when it is delayed. Of course, if you're not cracking ribs, you're not doing compressions effectively enough.
At this moment my dad is in hospital hospice after metastasized prostate cancer, he was hiding his pain and fell last Thursday night, 12 hours after I got here to check on him and my mom. He will never leave hospital, between the cancer. previous chiropractor damage (doc recommended pain exploded after first session)and the fall. His pain is so bad now its killing us watching him suffer. Signed dnr as soon as they told us without it if his heart stopped or something they would perform cpr, which would break every bone in his chest area and the pain would likely kill him anyway. I would love to just have them push a little more pain meds into him to stop the pain and end the suffering. Never knew how painful watching this could be. But have to be grateful to have had him so long. Hard stuff.
I am sorry to hear about your dad. Watching a loved one suffer and waiting for the end can be agonizing in itself. At least in hospice, he can get adequate pain medications to keep him comfortable. Sometimes, that is the best and only thing one can hope for. My condolences to you and your family for what you're (and your dad is) enduring at this difficult time.
Even trained people do it wrong too often. But it's just my own preference.
Sorry to hear about your Dad, Lib50. We went through something similar with my Dad in 2003. I don't wish it on anyone.
I guess some training is better than no training. But you're definitely entitled to your own preferences. Just make sure anyone else is aware too and have a DNR bracelet or something.
I fully understand what you are going through. BTDT, but, with my young Son. It is never easy.
My sincerest sympathy for you and your family. And may your Father soon find the peace he so deserves.
Simple, there is no money in your death. The longer they keep a terminal patient alive the more they can bill your insurance company. We are just sheep to be sheered and tossed away when no longer able to churn a buck.
Come to think of it, that may be the motivation behind Anti Abortion lobbyists. There is only money to be made when you have the child, terminating pregnancies are costing hospitals and doctors Billions in revenue.
Except for funeral homes. Funeral services and a burial can cost thousands.
I have already made all of my arrangements for when the time comes for me. They will not make a penny from me, nor may family. I don't need it.
You're smart to plan ahead and make necessary arrangements.
"You're smart to plan ahead and make necessary arrangements."
Everything is paid for and taken care of. There will be no burial. I don't want any specific place for my ashes for others to think they need to come an pay their respects when I am no longer 'there', as I have moved on to the next steps of my own eternal journey. If they want to pay their respects to me, they can do it while I am living when it will mean something to me. Remembering me as the person I was when alive is all well and good, but, what I hope I will leave behind is not my human remains, but, the things that were meaningful while I was alive.
Well said
I don't understand why anybody fights this. Who wants to confront a terminally ill, pain-wracked person and tell them "I insist you suffer more than necessary?" Why? Why do you want to stop such a person from ending their life?
Even if you think suicide is wrong or immoral, that's their problem, isn't it?
Other so-called "victimless crimes" or allegedly sinful behavior can be seen to have a negative impact on larger society because they lead to dangerous behavior, or they attract crime, or they encourage similarly bad behavior. I get that. But if a cancer patient wants to end it all today instead of three weeks from now, why would anyone go out of their way to stop them?
We may not often agree on some issues, but in this instance, I agree completely.
Indeed. it isn't even about suicide in itself. It's about a person's suffering and needlessly forcing them to endure it, especially if they do not wish to. Those with moral qualms about it might be too focused on their idea of morality and overlook compassion.
I don't get it either. Maybe because society in general has the attitude that any and all life must be prolonged at all cost, for whatever reason, regardless of the circumstances.
I don't get it either.
I am under hospice care....fabulous group. When my time comes there will be no heroics. But, I don't plan on dying anytime soon, I am living and my plan is to continue.
A person has the right to decide what to do in their lives. These people didn't give me my life.....it is mine and mine alone.
The only two people who gave me my life were my Mother and Daddy. They are gone, so, they are not here to counsel me.
Your plan sounds like a good plan.
And I agree, a person Should decide how they want to live, or die.