Good News Worth Remembering

By Margaret Dore, Esq.

In 2010, Kathryn Tucker, Director of Legal Affairs for Compassion & Choices, published an article in the Idaho Bar Association magazine, The Advocate. The article referred to assisted suicide and euthanasia as “aid in dying,” which Tucker claimed was legal in Idaho.  

The reaction to Tucker's claim was swift and brutal. In the next issue of The Advocate, there were nine letters against her. The writers included a former Chief Justice of the Idaho Supreme Court, Robert E. Bakes, who characterized her article as a “gross misunderstanding of Idaho law.” Another writer termed the article "malarkey."  

Alzheimer's Association Terminates Relationship with Compassion & Choices, fna the Hemlock Society

Interesting news from last year.

In an effort to provide information and resources about Alzheimer’s disease, the Alzheimer’s Association entered into an agreement to provide education and awareness information to Compassion & Choices, but failed to do appropriate due diligence. Their values are inconsistent with those of the Association. We deeply regret our mistake, have begun the termination of the relationship, and apologize to all of the families we support who were hurt or disappointed. Additionally, we are reviewing our process for all agreements including those that are focused on the sharing of educational information.

Federal Closet Euthanasia Act May Be Moving

By Margaret Dore, Esq., MBA

Five days ago, an op-ed appeared in the New York Post advocating for Congressional passage of the "Palliative Care and Hospice Education and Training Act."[1] The Act has not been introduced in the current (116th) Congress.[2] There are, however, rumors that it will be or that passage will occur by packaging it with other legislation. With the appearance of the op-ed, the veracity of these rumors is well founded.

The Act was introduced in the last (115th) Congress as H.R. 1676 and S. 693. Its stated purpose was to provide financial support for palliative care and hospice education centers, including direct patient care. The Act easily passed the House on a voice vote.[3]

There was and is, however, a catch.

California's ABX2-15: Governor Not Impressed; Bill Is But A "New Number With the Same Song."

By Margaret Dore, Esq., MBA

Yesterday, the deceptively named Compassion & Choices unveiled its "new" deceptively named End of Life Option Act to great fanfare in a press credentialed only press conference.

Governor Jerry Brown has already weighed in that the present special session "is not the appropriate venue to consider the issue."

The new bill, ABX2-15, is in substance an old bill (SB 128) that was unable to make it out of committee.

AB 15 has some new provisions and puts some of the old bill's provisions in a different order. ABX2-15 is in substance the same bill as the old bill. Key points include:

• ABX2-15 applies to patients with a "terminal disease." In Oregon, which has a similar law, such persons include young adults with chronic conditions such as insulin dependent diabetes and chronic lower respiratory disease. People living with HIV/AIDS, who are dependent on their medication to live, also qualify as "terminal." Such persons can have years, even decades, to live. 

• Once a person is "labeled 'terminal,' an easy justification can be made that his or her treatment or coverage should be denied in favor of someone more deserving."[1] In Oregon, where assisted suicide is legal, patients are not only denied coverage for treatment, they are offered assisted suicide instead.[2] Well known cases are Barbara Wagner and Randy Stroup.[3]

• The bill remains a recipe for elder abuse in which the patient's heir, who will financially benefit from his or her death, is allowed to actively participate in signing the patient up for the lethal dose. This fact alone does not meet the "stink test." 

• Once the lethal dose is issued by the pharmacy, there is no oversight. Not even a witness is required at the death. If the patient struggled, who would know?

• The death certificate is required to be falsified to reflect a natural death. The significance is a lack of transparency and an inability to prosecute for murder even in a case of outright murder for the money.

ABX2-15 is but a new number with the same song. Don't be fooled.

To view a detailed legal/policy analysis of ABX2-15, please click on the following links: Executive summary and index; Memo; and Appendix/Attachments.

* * *

[1] Opinion Letter by Richard Wonderly MD and Attorney Theresa Schrempp, available at https://choiceisanillusion.files.wordpress.com/2012/07/schrempp_wonderly_opn_ltr1.pdf

[2] Id.
[3] Id.

Whose Choice Will It Be? Telling the truth about assisted suicide. Excerpts from an NRO Interview

http://www.nationalreview.com/article/392444/whose-choice-will-it-be-interview  . . . .

Margaret Dore is a lawyer in Washington State, where assisted suicide is also legal. Dore is a former law clerk to the Washington state supreme court and president of Choice Is an Illusion, a 501(c)(4) nonprofit corporation opposed to assisted suicide and euthanasia. She talks with National Review Online about assisted suicide as it exists now and how we might make a change. — Kathryn Jean Lopez 

. . . .
Lopez: What is the absolute first thing that you would like anyone who was moved by Brittany Maynard’s life and death to know?

Dore: I would want them to know that “eligibility” for legal assisted suicide is not limited to people who are near death. This is true for the following reasons:

Under the Oregon and Washington assisted-suicide laws, assisted suicide is legal for “terminal” patients, meaning those predicted to have less than six months to live. But such predictions can be wrong. Moreover, treatment can lead to recovery. Consider Jeanette Hall, who was diagnosed with cancer in Oregon in 2000 and was adamant that she would “do” Oregon’s law. Her doctor, who didn’t believe in assisted suicide, stalled her and convinced her to be treated instead. Today, 14 years later, she is thrilled to be alive. You can see her doctor’s affidavit here.

Once assisted suicide is legal, there is pressure to expand. For example, here in Washington State, we have already had “trial balloon” proposals to expand our law to euthanasia for non-terminal people. For me, the most disturbing proposal was a discussion in our largest paper suggesting euthanasia for people who didn’t have enough money for their old age. So, if you worked hard all your life, paid taxes, and then your pension plan went broke, this is how society will pay you back? With non-voluntary or involuntary euthanasia? (The newspaper column can be read here.)

In other words, with legal assisted suicide, people with years to live are encouraged to throw away their lives. Moreover, and contrary to the media hype, legal assisted suicide (or euthanasia) may not be voluntary. . . .

Lopez: Why is the “death with dignity” language misleading?

Dore: Because it’s a euphemism, which doesn’t readily disclose that we are talking about assisted suicide and euthanasia for people who may or may not be dying anytime soon, and that such death may not be voluntary.

Lopez: Who is Compassion & Choices? Is its name misleading?

Dore: Compassion & Choices is a successor organization to the Hemlock Society, originally formed by Derek Humphry. In March 2011, Humphry was in the news as a promoter of mail-order suicide kits from a company now shut down by the FBI. This was after a 29-year-old man had used one of the kits to commit suicide. Seven months later, on October 22, 2011, Humphry was the keynote speaker at Compassion & Choices’ annual meeting here in Washington State.

Compassion & Choices’ name is misleading because it does not disclose its true nature as a suicide/euthanasia advocacy group. The name is also misleading because Compassion & Choices’ true mission is to reduce choice in health care and to change public policy so as to reduce patient cures.

Lopez: Speaking of names: How did your group arrive at Choice Is an Illusion?   

Dore: The name, Choice Is an Illusion, is a commentary on Compassion & Choices because the laws it promotes do not assure patient choice. . . .

Lopez: What might you want to leave readers with in closing?

Dore: Problems with legal assisted suicide include:

• The encouragement of people with years to live to throw away their lives.
• New paths of elder abuse, for example, in the context of inheritance.
• A push to expand euthanasia to non-terminal individuals.

Don’t make Washington State’s mistake.

To read the entire article, please go here:  http://www.nationalreview.com/article/392444/whose-choice-will-it-be-interview

What will happen to Brittany Maynard?

By Margaret Dore, Esq., MBA

The suicide advocacy group, Compassion & Choices, is running a public relations campaign featuring the story of Brittany Maynard, a 29 year old woman with a brain tumor.  According to media reports, she intends to take her life under Oregon's assisted suicide law in the near future.[1]

Lovelle Svart

In 2007, there was a similar case in Oregon involving Lovelle Svart, which was also promoted by Compassion & Choices.  Svart, who had cancer, died at the end of a party in which she had been having a great time.  The party was reported in the Seattle Times, which described her as being in control.[2]  When it was time for her to die, however, she engaged in stalling behaviors ("a hugging line" and a cigarette break).  There was also this exchange between her and George Eighmey, a member of Compassion & Choices:

“Is this what you want?”

 “Actually, I’d like to go on partying,” Lovelle replied, laughing before turning serious. "But yes." 

The situation was similar to a wedding when it’s time to take your vows.  Everyone is watching and it's the thing to do.  Even if you're having second thoughts or would rather “go on partying,” you go forward.  If Eighmey had wanted to give her an out, he could have said:

“You're having so much fun, you don’t have to do this today or even next week.”

Instead, he closed her by guiding her to take the lethal dose, which killed her.

Will Ms. Maynard get her choice?

It may be hard to know.

Compassion & Choices, regardless, will have an interest in getting the best promotional material possible from her death.

* * *

[1]  Neal Colgrass, Newser staff, October 7, 2014, https://choiceisanillusion.files.wordpress.com/2014/10/29-year-old-woman_-why-im-taking-my-own-life.pdf 
[2] Don Colburn, “Last day of life all planned out, down to the polka,” October 26, 2007, available at http://seattletimes.com/html/localnews/2003918100_suicide02.html

"This is how society will pay you back? With non-voluntary or involuntary euthanasia?"

http://missoulian.com/news/opinion/mailbag/assisted-suicide-discussion-veering-into-talk-of-terminating-lives-of/article_87332fc0-4fe8-11e4-94f5-632029a45aed.html

I am a lawyer in Washington State, where assisted suicide is legal. Our law was passed by a deceptive ballot measure spearheaded by Compassion & Choices. Voters were promised that only the patient would be allowed to administer the lethal dose, which is false. Our law does say that the patient may self-administer the lethal dose, but there is no language saying that administration must be by self-administration. For more information, please go here:  https://www.kcba.org/newsevents/barbulletin/BView.aspx?Month=05&Year=2009&AID=article5.htm

Once assisted suicide is legal, there is pressure to expand. For example, here in Washington State, we have had “trial balloon” proposals to expand our law to non-terminal people. For me, the most disturbing one was a casual discussion in our largest paper suggesting euthanasia for people who didn’t save enough money for their old age. So, if you worked hard all your life, paid your taxes, and your pension plan went broke, this is how society will pay you back? With non-voluntary or involuntary euthanasia?

To view a copy of the newspaper column, please go here: https://choiceisanillusion.files.wordpress.com/2014/10/jerry-large_001.pdf.

Protect yourselves and your families. Don’t let assisted suicide become legal in Montana.

Margaret Dore, president,
Choice is an Illusion,
Seattle, Washington

Judge upholds count of assisted suicide

http://www.philly.com/philly/health/20130802_Judge_upholds_count_of_assisted_suicide.html#hLRSrC4PBjvmaCti.99

POTTSVILLE, Pa. - A judge on Thursday upheld charges against a Philadelphia woman accused of helping her 93-year-old father commit suicide through a morphine overdose at his home here, where he was in hospice.

Prosecutors in Schuylkill County charged Barbara Mancini, 57, with aiding suicide. The judge refused to drop the charges after a preliminary hearing.

Pottsville police say Mancini handed Joseph Yourshaw a bottle of liquid morphine at his home in February, leading to his death four days later. The death certificate, which listed the immediate cause as "morphine toxicity" that complicated high blood pressure and heart disease, was issued in June.

Mancini, who was trained as a nurse, remains free on bail. Her lawyer could not be reached for comment Thursday evening. The local district attorney's office asked the state to prosecute the case due to a conflict of interest.

An end-of-life advocacy group called for the charges to be dropped, saying the U.S. Supreme Court allows dying patients to receive adequate pain relief, even if it hastens their death. "Attorney General [Kathleen] Kane should leave Barbara and her family alone so they can grieve over their loss," Barbara Coombs Lee, president of Denver-based Compassion and Choices, said in a statement.*

*Compassion & Choices is the former Hemlock Society.  To learn more about C & C, read:  and Theresa Schrempp, Esq.,  "Compassion & Choices is a Successor to the Hemlock Society" and Senator Jennifer Fielder on Compassion & Choices: "Beware of Vultures." 

Or, go to these links:  http://www.montanansagainstassistedsuicide.org/2012/12/compassion-choices-is-successor.html and http://www.montanansagainstassistedsuicide.org/2013/06/beware-of-vultures-senator-jennifer.html 

Beware of Vultures

"[I]t seems odd that the top lobby spender in Montana this year was Compassion and Choices, a 'nonprofit' group that spent $160,356 advocating for legalization of assisted suicide."

By Senator Jennifer Fielder

As we wrangled through the budget this spring, the beautiful state capitol began to feel like a big, ripe carcass with a dark cloud of vultures circling about. 

Senator Jennifer Fielder

The magnitude of money in government attracts far more folks who want to be on the receiving end than it does those who just want fair and functional government. Until that ratio improves, it may be impossible to rein in unnecessary regulation and spending. 

Special interest groups spent over $6 million dollars on lobbyists to pressure Montana legislators during the 2013 session. Seems like a lot of money, until you compare it to the billions of taxpayer dollars at stake. Does the average taxpayer stand a chance against organized forces like that?

As your Senator one of my main duties is to sort out who wants your money, or a change in a law, and why. Getting to the bottom of it takes work. It would certainly help if well-intentioned citizens would do a little more research before clamoring onto any particular bandwagons as well.

We have to be careful not to be fooled by catchy slogans, shallow campaign propaganda, biased media reports, or plays on our emotions which, too often, conceal a multitude of hidden agendas. 

For example, it seems odd that the top lobby spender in Montana this year was Compassion and Choices, a “nonprofit” group that spent $160,356 advocating for legalization of assisted suicide. The second biggest spender was MEA-MFT, the teachers and public employees union who spent $120,319 pushing for state budget increases.

I earned a reputation for asking a lot of questions. I certainly didn’t take this job to rubber stamp anything. It's my duty to determine whether a proposal relates to an essential, necessary service of fair and functional government, or if it is motivated by piles of money to be gained from ill-advised government decisions.

You see, there is so much money in government that almost everything in government is about the money. The usual tactic is to disguise a ploy as “the humane thing to do”. . . .

Some groups work very hard to provide factual information about their issue. Others stoop to the lowest of lows to invoke heart wrenching emotions, twisted half-truths, or outright lies. You really have to look carefully for all the angles.

Assisted suicide is another issue that can be highly emotional. There are deep and valid concerns on both sides of this life and death debate. But I found myself wondering, “Where does all the lobby money come from?” If it really is about a few terminally ill people who might seek help ending their suffering, why was more money spent on promoting assisted suicide than any other issue in Montana?

Could it be that convincing an ill person to end their life early will help health insurance companies save a bundle on what would have been ongoing medical treatment? How much would the government gain if it stopped paying social security, Medicare, or Medicaid on thousands of people a few months early? How much financial relief would pension systems see? Why was the proposed law to legalize assisted suicide [SB 220] written so loosely? Would vulnerable old people be encouraged to end their life unnecessarily early by those seeking financial gain? 

When considering the financial aspects of assisted suicide, it is clear that millions, maybe billions of dollars, are intertwined with the issue being marketed as “Compassion and Choices”. Beware.

Public issues are not easy, and they are not always about money. But often times they are. If we want fair and functional government, we need to look deeper than most people are willing to look.. . .

* * *
Published as Communication from Your State Senator, "Beware of Vultures," by Montana State Senator Jennifer Fielder, Sanders County Ledger, http://www.scledger.net, page 2, 6-4-13. Senator Fielder lives in Thompson Falls MT, representing Montana State Senate District 7.

"This ad is appalling, even by the low standards of Compassion & Choices"

Dear Montana Senate Judiciary Members:

I am a probate attorney from Washington State where assisted suicide is, unfortunately, legal.

I recently saw an ad by “Compassion and Choices” which contained an over-the-top depiction of a doctor in handcuffs.  This ad is appalling, even by the low standards of Compassion in Choices.  (Compassion and Choices is a successor organization of the Hemlock Society, originally founded by Derek Humphry.  In 2011, Humphry was keynote speaker and Compassion and Choices annual meeting here in Washington.  He was also in the news as a promoter of mail-order suicide kits after a 29 year old man used one of the kits to commit suicide).*

HB 505 is needed to protect seniors and others from the ultimate in financial and physical abuse.  I urge you to vote YES.  Thank you.

Theresa Schrempp
Seattle, WA  

*  For supporting authority and more information, go here: http://www.montanansagainstassistedsuicide.org/2012/12/compassion-choices-is-successor.html

"Compassion & Choices is a successor organization to the Hemlock Society"

http://helenair.com/news/opinion/readers_alley/assisted-suicide-law-could-lead-to-patient-mistreatment/article_32bac11c-4985-11e2-9338-0019bb2963f4.html?print=true&cid=print

12/19/12

Theresa Schrempp Seattle, Wash.

I am a lawyer in Washington State where assisted-suicide is legal. Robert Zimorino’s letter encourages readers to contact Compassion & Choices, a promoter of assisted-suicide (“aid in dying”).

Your readers should know that Compassion & Choices is a successor organization to the Hemlock Society, originally formed by Derek Humphry. In 2011, Humphry was the keynote speaker at Compassion & Choices’ annual meeting here in Washington State.  In 2011, he was also in the news as a promoter of mail-order suicide kits from a company now shut down by the FBI.This was after a 29 year old man used one of the kits to commit suicide.

In 2007, Compassion & Choices was a plaintiff in Montana’s assisted-suicide case. Therein, Compassion & Choices requested legalization of assisted-suicide for “terminally ill adult patients.” The definition of this phrase was broad enough to include an otherwise healthy 18 year old who is insulin dependent or a young adult with stable HIV/AIDS. Such persons can live for decades with appropriate medical treatment.

Once someone is labeled “terminal,” an easy justification can be made that their treatment should be denied in favor of someone more deserving. Those who believe that legalizing assisted-suicide will promote free choice may discover that it does anything but.

Supporting authority not included in the published letter, below:

Defeating Assisted Suicide Before it Gets Started

I'm giving a lecture this weekend titled: "Arguing Smart: Defeating Assisted Suicide & Euthanasia Before it Gets Started."

The course description is below.  A hard copy of the course materials can be viewed by clicking here.

Margaret Dore

Course Description:

In 2010, assisted suicide advocates targeted Idaho for legalization of assisted suicide, which they termed "aid in dying." Their legal director owned a home there and was in the state actively meeting people, talking to newspapers and otherwise drumming up support. The legal director had also got an article published in The Advocate, the official publication of the Idaho State Bar Association. And then she was defeated by nine well-placed letters.

False & Misleading "Aid in dying" Letter

Below, a letter to physicians responding to a prior "false and misleading" letter claiming that assisted suicide is legal in Montana. To see a hard copy of this letter as sent, click here.


Dear Physician:


I represent Montanans Against Assisted Suicide & For Living with Dignity.  You may have received a letter from Compassion & Choices, formerly known as the Hemlock Society, dated June 5, 2012.  The letter claims that assisted suicide, referred to as "aid in dying," is legal under the Baxter decision issued by the Montana Supreme Court on December 31, 2009.  This is untrue.  I urge you to read the materials below or contact your own counsel for advice regarding the court's decision in Baxter.

Hawaii: Attorney General Rejects C & C Claim that Assisted Suicide is "Already Legal"

The Attorney General of Hawaii has issued a formal opinion rejecting Compassion & Choices' claim that physician-assisted suicide, termed "aid in dying," is legal in Hawaii.

A press release issued by the Alliance Defense Fund describes that Senator Josh Green, MD had requested the opinion from Attorney General David Louie.[1]  The press release states:

"[T]he attorney general's legal opinion states that state law "does not authorize physicians to assist terminally ill patients with dying" and "a physician who provided assistance with death could be charged under Hawaii's manslaughter statute."

The press release also quotes Honolulu attorney Jim Hochberg:  "[N]o one should believe the recent falsehoods that pro-death proponents have spread about [Hawaii] law."

* * * 

[1]  To view the ADF Press Release, click here 

Hawaii: An Acknowledgement that the Claimed Legality is Bogus?

By Margaret Dore

Yesterday, the Honolulu Star Advertizer announced that Hawaii Representative Blake Oshiro was planning to "lead the charge" to promote assisted suicide legislation in 2012.[1]  The Advertizer elaborated that prior bills to legalize assisted suicide are "still alive" and that "[n]ew bills on the subject may also be introduced."[2]

Just two weeks ago, Oshiro chaired a panel of suicide advocates who claimed that assisted suicide is already legal in Hawaii.[3], [4]  If he believed that assisted suicide is already legal, why would he be planning to "lead the charge" to promote legislation to legalize it again?   

With the announcement of upcoming legislation, there is the implicit acknowledgement that the claimed legality is bogus? 

For more information and talking points about problems with legal assisted suicide, go here.

* * *

[1]  Jay Fidell, "Death with Dignity is Coming Back," The Star Advertiser, October 17, 2011, available at http://thinktech.staradvertiserblogs.com/2011/10/17/death-with-dignity-is-coming-back/
[2]  The Advertiser article refers to two legalization bills:  House Bill 1383 and Senate Bill 803.
[3]  The claim that assisted suicide was already legal in Hawaii was based on a brief written by Kathryn Tucker, Director of Legal Affairs for Compassion & Choices.  For a critique of that brief, click here. 
[4]  According to a post on the Hawaii Death with Dignity Society home page, the panel met on October 5, 2011.  (Last viewed today).

Compassion & Choices Embraces Derek Humphry

Compassion & Choices of Washington has announced that Derek Humphry will be the keynote speaker at its upcoming 2011 annual meeting.[1]

Derek Humphry has recently been in the news as a promoter of suicide kits from a company now shut down by the FBI.  According to an article in Oregon's Register-Guard newspaper: 

A spotlight was cast on the mail-order suicide kit business after a 29-year-old Eugene man committed suicide in December using a helium hood kit. The Register-Guard traced the $60 kit to [the company, which] has no website and does no advertising; clients find [the] address through the writings of Humphry. (Emphasis added).[2]

With the choice of Humphry as its keynote speaker, Compassion & Choices shows its true colors? 
  

* * *

[1]  See current newsletter for Compassion & Choices of Washington, stating:  "Derek Humphry to be Keynote Speaker at 2011 Annual Meeting."  To view the newsletter, go to the following link and scroll down to the lower half of the page:  http://choiceisanillusion.files.wordpress.com/2011/10/derek.pdf

[2]  Jack Moran, "Police kick in door in confusion over suicide kit:  The FBI message to police about the purchase of the gear failed to mention it was bought seven months ago, "  The Register-Guard, September 21, 2011.

Hawaii: Oops, they did it again! Mainland suicide law proponents back in Hawaii

BY KAREN DICOSTANZO - Oops, they did it again! Mainland suicide law proponents descended on Hawaii this week for a panel discussion hosted by Rep. Blake Oshiro and sponsored by Honolulu Star-Advertiser. As before, they used misinformation to bolster their claim that physician assisted suicide is "already legal" in Hawaii.

Of course, this begs the question: If physician assisted suicide is "already legal" in Hawaii, why have suicide law proponents been trying--unsuccessfully--to legalize it for the past 10 years?The "panel" for the panel discussion consisted solely of suicide activists, so this was not a bona fide effort to air opinions from both sides and maintain balance. Rather, this was meant as a PR stunt to create a news story and arouse public interest in their cause.

Suicide law proponents are using a 1909 Hawaii law as a basis for their assertions, claiming the law allows doctors to administer lethal drugs upon patient request. In fact, this law was written to allow doctors to administer non-traditional/herbal drugs in battling such illnesses as Hansen's Disease (leprosy), tuberculousis, and asthma.

It is obvious that by grasping at straws such as this, their argument is indeed weak. Nevertheless, using equally weak arguments, physician assisted suicide was legalized in states like Oregon and Washington. We need to act now to counter these ridiculous claims and protect the public from these false reports.

The Emperor has No Clothes: "VSED"

Euthanasia proponents have a new campaign promoting starvation and dehydration.  VSED: "Voluntarily" stopping eating and drinking.  Below, Kate Kelly provides a real life example:  "I watched her suffer." 

______________________________________________

Mild stroke led to mother's forced starvation

By Kate Kelly

I watched an old woman die of hunger and thirst.  She had Alzheimer's, this old woman, and was child-like, trusting, vulnerable, with a child's delight at treats of chocolate and ice cream, and a child's fear and frustration when tired or ill.

I watched her die for six days and nights.

I watched her suffer, and I listened to the medical practitioners, to a son who legally decided her fate, and to an eldest daughter who advised him and told me that the old woman, my mother, was "comfortable," except when she was "in distress," at which times the nurses medicated her to make her "comfortable" again.

I watched the old woman develop ulcerations inside her mouth as she became more and more dehydrated; the caregivers assured me these were not painful.