New Jersey Motion for Reconsideration

Margaret Dore

To view Dore's brief as submitted, click here.

I.   RELIEF REQUESTED

Margaret Dore moves for reconsideration of the Court’s order dated April 1, 2020, which upheld the constitutionality of the Medical Aid in Dying for the Terminally Ill Act.[1]

II. THE ACT MUST BE SET ASIDE

The Court did not reach the Act’s violation of the object in title rule, which is dispositive to set the Act aside. The Court should reach this issue now to overturn the Act.

The Court’s order states that Dore asked the Court to declare the Act unconstitutional “on grounds not asserted by plaintiffs.”[2] The plaintiffs, did, however, ask the Court to rule on the issue, stating:

Ms. Dore’s brief should be considered by the Court since if the law is unconstitutional under the single object rule, it should be the Court’s responsibility to raise that issue sua sponte even if not raised by Ms. Dore or the Plaintiffs.[3]

The Legislature understood that it was enacting a strictly voluntary law limited to assisted suicide for dying patients.[4] The prior judge expressed a similar view. See, for example, the transcript from the hearing on August 14, 2019 (“This case is not about euthanasia”).[5]

This case, however, is about euthanasia. The Act is also not limited to dying people. Patient voluntariness is allowed, but not required. These are material facts not disclosed by the Act’s title and related findings. The Act is unconstitutional and must be set aside.

New York Press Release: Don't Make Yourself a Sitting Duck to Your Heirs and Other Predators

To view as sent, click here.

Attorney Margaret Dore, president of Choice is an Illusion, a nonprofit corporation opposed to assisted suicide and euthanasia, made the following statement in connection with the Medical Aid in Dying Act, now pending before the New York State Legislature. (Bills A 2694 and S 3947).

“The Medical Aid in Dying Act is a recipe for elder abuse, financial exploitation and legal murder," said Dore. "Older people with money, meaning the middle class and above, will be especially at risk to their heirs and other financial predators." Dore added, "The poor will also be at risk, but for a different reason.”

“’Aid in dying’ is a euphemism for euthanasia, physician-assisted suicide and assisted suicide,” said Dore.

A Short History of Assisted Suicide and Euthanasia in Montana

By Margaret Dore, Esq., MBA                                                                                                          

Assisted suicide means that someone provides the means and/or information for another person to commit suicide.  If a doctor is involved, the practice may be termed physician-assisted suicide.  Euthanasia is the administration of a lethal agent by another person.

A.  Assisted Suicide

In 1895, the Montana Legislature enacted a criminal statute prohibiting assisted suicide as a "crime against the public safety."[1] In 1907, 1921 and 1947, this statute was re-codified, but its text remained unchanged.[2] The statute stated: "Every person who deliberately aids, or advises or encourages another to commit suicide is guilty of a felony."[3]

Maryland: Attorney Sara Buscher Opposes Assisted Suicide

RE:  SB 311

Please do not vote for  this bill to be reported out of committee. Do everything you can to oppose passage.

Under the bill, safeguards end when the lethal dose is in the home. With no required witness, if the person struggled, who would know?

Slayers can inherit because 5-6A-11 (D)(2) says a death with such a lethal dose is not homicide.

Elder abuse affects 1 in 10 elders and triples their risk of death. https://www.ncoa.org/public-policy-action/elder-justice/elder-abusefacts/

The Doctor Ordered Her Own Family to Physically Hold her Down

https://www.dailywire.com/news/34014/netherlands-elderly-woman-forcibly-euthanized-paul-bois

By Paul Bois, August 3, 2018

One inherent consequence that so-called "Death with Dignity" advocates seem to ignore is the possibility that doctors and family members will pressure people into euthanasia or assisted suicide for convenience.

A case in the Netherlands takes that one step further, as an elderly woman was euthanized against her will by family members eager to move on with their lives.

Portugal Euthanasia Bill Defeated

"Euthanasia is a recipe
for elder abuse."

Portugal’s parliament rejected on Tuesday a bill that would have legalized euthanasia. The measure lost 115 to 110, with 4 abstentions, in the 230 seat parliament

Prior to the vote, hundreds of people protested in front of the parliament building, carrying placards, including "Euthanasia is a recipe for elder abuse."

California: Heirs Risk Forfeited Inheritance & Murder Charge If They Kill Victims Under Void Act

By Margaret  Dore, Esq.

In California, a person commits murder in the first degree via "willful, deliberate, and premeditated killing."[1] California also has "slayer statutes," providing that murderers shall not inherit from their victims. As an example, California's Probate Code states:

(a) A person who feloniously and intentionally kills the decedent is not entitled to any of the following:

(1) Any property, interest, or benefit under a will of the decedent, or a trust created by or for the benefit of the decedent or in which the decedent has an interest ...  [2] 

Margaret Dore Testifies Against New York Bill Seeking to Legalize Assisted Suicide and Euthanasia

NEW YORK CITY - Margaret Dore, president of Choice is an Illusion, issued the following statement in connection with her testimony today before the New York Assembly Health Committee in opposition to Bill A.2383-A.

Assisted Suicide and Euthanasia

“The bill is sold as ‘aid in dying,’ which is a traditional euphemism for assisted suicide and euthanasia,” said Dore. “The term is also misleading in the context of the bill, which is not limited to dying people.”

Rhode Island Bill Will Create the Perfect Crime

FOR IMMEDIATE RELEASE

Contact: Margaret Dore, Esq., MBA

(206) 697-1217 

Providence, RI -- Attorney Margaret Dore, president of Choice is an Illusion, which has fought assisted suicide legalization efforts in many states, including Rhode Island, made the following statement in connection with last night's hearing on a bill seeking to legalize assisted suicide and euthanasia in that state.  (Bill H 7297) 

"There is a bill pending before the Rhode Island House of Representatives, which seeks to legalize physician-assisted suicide and euthanasia as those terms are traditionally defined," said Dore. “The bill seeks to legalize these practices for people with years, even decades, to live.”

“The bill is sold as assuring patient choice and control. But when you look at what the bill actually says and does, the bill is a recipe for elder abuse.” Dore explained, "The patient's heir, who will financially benefit from the patient’s death, is allowed to actively participate in signing the patient up for the lethal dose. After that, no doctor, not even a witness, is required to be present at the death. If the patient objected or even struggled, who would know? The bill will create the perfect crime.”

Patients Unprotected Due to "Eraser" Clause (Paragraph 25)

Debating Chamber

By Margaret Dore, Esq., MBA

New Zealand's bill seeking to legalize assisted suicide and euthanasia has passed first reading.[1]

The bill's explanatory note claims that patients will be protected by a "comprehensive set of provisions to ensure free choice, made without coercion." In fact, patients who die under the bill will not even be protected against predators who willfully fail to follow the touted provisions.

Victoria: Elder Abuse Demands No Vote

Margaret Dore

Margaret Dore, an experienced attorney specialising in elder law in Washington State, where assisted suicide is legal, has urged Victorian MPs “to reject the proposed bill seeking to legalize assisted suicide and euthanasia.”

Her analysis of the purported "Voluntary Assisted Dying Bill 2017," which would legalise euthanasia as well as assisted suicide, can be read in full here.

Dore points out that in “Oregon and Washington State, most people who die under their [assisted suicide] laws are elders, aged 65 or older. This demographic is already an especially at risk group for abuse and financial exploitation. This is true in both the US and Australia.

South Dakota Initiated Measure Stacked Against the Patient and a Recipe for Elder Abuse

By Margaret Dore, Esq., MBA

To view a pdf version of this document, click the following links: index, memo and appendix. To view a one page bullet point handout, click here.

I. INTRODUCTION

I am an attorney in Washington State where assisted suicide is legal. [1] Our law is based on a similar law in Oregon. Both laws are similar to the initiated measure, which seeks to legalize assisted suicide and euthanasia in South Dakota.[2]

The initiated measure is sold as a promotion of patient choice and control. The measure is instead stacked against the patient and a recipe for elder abuse.

If enacted, the measure will apply to people with years or decades to live. People with years or decades to live will be encouraged to throw away their lives. I urge you to reject this  measure.

Maine: Reject LD 347 & LD 1066

For legal analysis and back up documentation, click here and here. For a pdf handout version of this post, click here.

Highlights:

•  LD 347 & LD 1066 apply to people with years or decades to live.

• Enacting either bill will encourage people with years or decades to live to throw away their lives.

• The bills are sold as providing a voluntary patient choice, but don’t even have a requirement of  voluntariness or consent when the lethal dose is administered.

Hawaii: Dore Testimony Opposing SB 1129 SD 1 (No Assisted Suicide/Euthanasia)

To Chairman Keith-Agaran and members of the Committee:

As some of you know, I am an attorney in Washington State where assisted suicide and euthanasia are legal.  Our law is based on a law in Oregon.  Both laws are similar to the proposed act in SB 1129 SD 1.

Attached please find a memo with supporting documentation opposing the act. The act seeks to legalize physician-assisted suicide and allow euthanasia. My memo and documentation can also be viewed at these links: https://choiceisanillusion.files.wordpress.com/2017/02/dore-new-memo-sb-1129.pdf and https://choiceisanillusion.files.wordpress.com/2017/02/appendix-new-memo-sb-1129.pdf

The act will encourage people with years or decades to live to throw away their lives.  (See memo, pp 3-6). The act is a recipe for elder abuse, especially for those in the middle class and above in the inheritance situation. (Id., pp. 8-9). The act creates the perfect crime in which the death is allowed to occur in private, without oversight, and the death certificate gives perpetrators a "stay out of jail free card."  (Id., pp. 10-13).  

New York Memo Opposing Bills A. 10059 and S. 7579 - Web Version

https://choiceisanillusion.files.wordpress.com/2016/06/ny-memo-05-31-16_001.pdf

I. INTRODUCTION

I am a lawyer in Washington State where physician-assisted suicide and euthanasia are legal.[1] Our law is based on a similar law in Oregon.  Both laws are similar to the proposed bills, A. 10059 and S. 7579.[2]

The bills are titled “Medical Aid in Dying.”  There is, however, no requirement that patients be dying. “Eligible” patients may have years, even decades, to live. The bills are also sold as a promotion of patient choice and control. The bills are instead stacked against the patient and a recipe for elder abuse. Finally, the bills are deceptively written; they are not what they appear to be. I urge you to vote “No.”

New York: Vote “No” on A. 10059 and S. 7579

New York's assisted suicide bills are deceptively written, stacked against the patient and a recipe for elder abuse. For a one page handout, click here. For more in depth information, click here 

Bill Highlights

1.  A. 10059 and S. 7579 seek to legalize “medical aid in dying,” a euphemism for assisted suicide and euthanasia. There is no requirement that eligible patients be dying.

2.  Patients are instead required to have a prediction of less than six months to live. In real life, such predictions are often wrong.

3.  Predictions are wrong due to misdiagnosis and because predicting life expectancy is an inexact science. See e.g.,  Jessica Firger, “12 million Americans misdiagnosed each year,” CBS NEWS, 4/17/14, at http://www.cbsnews.com/news/12-million-americans-misdiagnosed-each-year-study-says

Media Release: Carter has been proved wrong; new law needed to prohibit assisted suicide & euthanasia

FRIDAY, MAY 20, 2016

FOR IMMEDIATE RELEASE

Canada’s Bill C-14, which seeks to codify assisted suicide and euthanasia, is a recipe for elder abuse. Recommendations by the Senate Legal & Constitutional Affairs Committee do not solve the bill’s problems. The bill violates the Canadian Supreme Court case, Carter v Canada.  

Recent news stories have proven Carter wrong. This justifies a new look at the issue, including time for more study or a new law prohibiting euthanasia and assisted suicide. 

Margaret Dore Speaking to Australian Delegation

Margaret Dore, Esq., MBA, speaking
 to the Delegation

On April 7, 2016, Margaret Dore, attorney and president of Choice is an Illusion, accompanied by her assistant, Brenda Ray, met with a five member delegation from the Legal and Social Issues Committee, Parliament of Victoria, Australia.

The topic was assisted suicide and euthanasia. The place was the Picnic House Restaurant in Portland Oregon where Dore spoke over lunch in opposition to legalization. Despite the serious nature of the topic, a good time was had by all.

Dore's written materials can be viewed by clicking here and here.

Rhode Island: Press Release

https://choiceisanillusion.files.wordpress.com/2016/03/press-release-03-22-161.pdf

Dore:   “The bill is sold as assuring patient choice and control.  The bill is instead stacked against the patient and a recipe for elder abuse.” 

Contact: Margaret Dore

(206) 697-1217

Providence, RI – Attorney Margaret Dore, president of Choice is an Illusion, which has fought assisted suicide/euthanasia legalization efforts in many states and now Rhode Island, made the following statement in connection with tomorrow's legislative hearing on a bill seeking to legalize assisted suicide and euthanasia in that state.  (H 7659, hearing Wednesday, 3/23/16, Rise of the House).

"There is a bill pending before the Rhode Island House of Representatives, which seeks to legalize physician-assisted suicide, assisted suicide and euthanasia as those terms are traditionally defined," said Dore.  "The bill describes these practices as 'hastening death,' but there is no requirement that a person be near death.  Indeed, ‘eligible’ persons may have years, even decades, to live.”

Dore said, "The bill is sold as assuring patient choice and control.  The bill is instead stacked against the patient and a recipe for elder abuse.”  Dore elaborated, “The patient's heir, who will financially benefit from the patient's death, is allowed to actively participate in signing the patient up for the lethal dose.  After that, no doctor, not even a witness, is required to be present at the death.  Even if the patient struggled, who would know?”  Dore concluded, “The bill creates the perfect crime.”

Minnesota: Dore Memo Opposing Assisted-Suicide/Euthanasia Bill

Intro Re Minnesota Bill SF 1880:

The proposed bill seeks to legalize physician-assisted suicide and euthanasia as those terms are traditionally defined. The bill calls these practices, “aid in dying.” The bill does not, however, require that a patient be dying. Indeed, “eligible” patients may have years or even decades to live.

The bill also legalizes undue influence as that term is traditionally defined. The bill is otherwise stacked against the patient and a recipe for elder abuse. I urge you to vote “No” on SF 1880. Don’t be fooled.

To view the full memo, click here.  To view the attachments, click here.