California: Plaintiffs Appeal Dismissal of Assisted Suicide Lawsuit Under the ADA and US Constitution

Diane Coleman, President and CEO of  NDY (Not Dead Yet) [pictured right]

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Today, the 34th Anniversary of the passage of the Americans with Disabilities Act (ADA) is the the perfect day for an update on the groundbreaking lawsuit, United Spinal v. California, which challenges the California assisted suicide law as violations of the ADA and the U.S. Constitution's Due Process and Equal Protection provisions. The federal District Court dismissed the lawsuit in the spring and plaintiffs promptly gave notice that we would appeal. This week, United Spinal Association, Not Dead Yet and the other plaintiffs filed our appeal. Here is the press release:

FOR IMMEDIATE RELEASE

Disability Organizations and Individuals Partner to Appeal the Deadly and Discriminatory Public Policy of Physician-Assisted Suicide California Law Unlawful and Unconstitutional.

Reject New York Medical Aid in Dying Act (Assisted Suicide and Euthanasia)

By Margaret Dore, Esq., MBA

Click the links to view a pdf version of this document, consisting of a memorandum and appendix.

I. INTRODUCTION 

The proposed bills amend New York’s public health law by  adding a new article (28F), the Medical Aid in Dying Act.[1] The Act is based on similar laws in Oregon and Washington State.[2]

“Aid in Dying” is a euphemism for euthanasia.[3] The Act, however, purports to prohibit euthanasia.  On close examination, this prohibition will be unenforceable.

If enacted, the Act will apply to people with years or decades to live. It will also facilitate financial exploitation, especially in the inheritance context. Don’t render yourself or someone you care about a sitting duck to heirs and other predators. I urge you to reject the proposed Act.

ADA Will Trump Euthanasia Prohibition

By Margaret Dore, Esq., MBA

Bills in New York State seek to pass a medical aid in dying act.[1] "Aid in dying" is a euphemism for active euthanasia, meaning the administration of a lethal agent to another person.[2][3]

The act also prohibits euthanasia, stating:

A health care professional or other person shall not administer the medication [lethal dose] to the patient. (Emphasis added).[4]

This prohibition is, however, unenforceable. This is due to the Americans with Disabilities Act (“ADA”).