Legal Memorandum: Delaware Euthanasia Bill Must Be Rejected

I. INTRODUCTION

The Act, HB 140, seeks to amend Title 16 of the Delaware Code, to thereby create Chapter 25B “Relating to End of Life Options.” If enacted, the Act will legalize physician-assisted suicide and euthanasia as those terms are traditionally defined. This will be on both a voluntary and involuntary basis. The Act terms these practices medical aid in dying.

Aid in dying has been a euphemism for physician-assisted suicide and euthanasia since at least 1992.[1] The proposed Act is based on similar acts in Oregon and Washington State. Oregon’s Death with Dignity Act went into effect in 1997. Washington’s nearly identical act went into effect in 2009.  

All three acts apply to persons with a six month or less life expectancy. Such persons may in fact have years or decades to live. A well known example is Jeanette Hall. In 2000, she made a settled decision to use Oregon’s act. Her doctor convinced her to be treated for cancer instead, such that she is alive today, twenty-two years later.

Medical Directors Sentenced

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Judge Lynn

By Jim Parker

Chief U.S. District Judge Barbara M.G. Lynn has sentenced Novus Health Services Medical Directors Mark E. Gibbs, M.D., and Laila Hirjee, M.D., along with one of the company’s nurses, Tammie Little, to a combined 23 years in prison following their convictions for hospice fraud exceeding $40 million.

Gibbs was sentenced to 13 years as well as paying restitution of nearly $28 million. Hirjee received 10 years in prison and must pay more than $16 million. The judge also sentenced Little to a 33 month incarceration.

The company’s CEO Bradley Harris was also convicted in the case. He agreed to a plea deal, pled guilty and testified against his former employees, according to the U.S. Department of Justice.

Constitutional Challenge Brief Filed in New Jersey Euthanasia Appeal

Updated Tuesday July 20, 2021

FOR IMMEDIATE RELEASE

TRENTON, NEW JERSEY, USA. Attorney Margaret Dore, President of Choice is an Illusion, which has fought against assisted suicide and euthanasia legalization throughout the United States, and internationally, has released the following statement in connection with the filing of a constitutional challenge amicus brief, which seeks to invalidate New Jersey’s Medical Aid in Dying for the Terminally Ill Act. The case, Petro et al v. Grewal, is pending in the Superior Court of New Jersey Appellate Division, A-003837-19.

California Amendments Seek to Weaken Patient Protections, Attestation Provisions Eliminated

By Margaret Dore, Esq.

On February 10, 2021, assisted suicide/euthanasia proponents introduced a bill seeking to amend California's End of Life Option Act. The bill, SB 380, eliminates the Act's 2026 sunset date, and also allows a 15 day waiting period to be shortened to 48 hours in certain circumstances.[1]

Katy Grimes, editor of the California Globe (pictured), had this to say:

When it comes to carrying out the death penalty for convicted murders, the California Legislature finds the lethal drug cocktails "cruel and unusual punishment," which they say is a violation of the Eighth Amendment. Yet lawmakers were more than willing to approve a lethal drug cocktail to allow sick people to kill themselves.  I wrote [this] in 2015 as the California Legislature was considering [passage of the Act].[2]

Colombia Legislature Defeats Bill to Legalize Euthanasia Again

By Michael Cook

For entire article, click here.

The Colombian legislature has once again failed to pass a law legalizing euthanasia. Earlier this week a bill proposed by representative Juan Fernando Reyes Kuri needed to reach 85 votes in favour, but fell two votes short.

Although Colombia is often described as a country where euthanasia is legal, the actual situation is complicated. In 1997 the country’s Constitutional Court ruled that that “the State cannot oppose the decision of an individual who does not wish to continue living and who requests help to die when suffering from a terminal illness that causes unbearable pain, incompatible with his idea of dignity”. It directed the legislature to pass a law regulating the right to die.

However, more than 20 years have passed and one bill after another has failed.

Washington State: Conrad Reynoldson Makes a Difference

By Margaret Dore, Esq.

Bill HB 1141, which had sought to expand Washington State's assisted suicide and euthanasia law, is dead. From my vantage point, a big reason was a young lawyer named Conrad Reynoldson (pictured here).  

Reynoldson is founder and lead attorney of Washington Civil & Disability Advocate, a 501(c)(3) tax exempt non-profit, formed to ensure individuals with disabilities a low-cost option to protect their civil rights.

Reynoldson, himself, did not take the credit, sending out an email thanking others for the win. 

Washington State Expansion Bill Dead

By Barbara Lyons (pictured here)

The Washington State expansion of assisted suicide bill, HB 1141, is dead. It passed in the House by a 60-37 vote and cleared several Senate committees.  

Thanks to the dedicated, persistent work of a diverse coalition of people in the disability rights, medical, right-to-life and faith communities, the Senate adjourned last night without taking up the bill. It is dead for this session.  

Jersey Debates Euthanasia

Jersey is a British Crown dependency, near the coast of Normandy France.  

On April 6, 2021, ITV Channel reporter Sophie Dulson provided this report.

The law on assisted dying [euthanasia] in Jersey is being reviewed by a Citizen's Jury, and it is expected to start a conversation which could lead to a debate on the law in Jersey's States Assembly.

The panel is made up of 23 members who will hear evidence on both sides of the assisted dying debate before reaching a conclusion by the end of May 2021. 

French Euthanasia Bill Blocked

By Hannah Thompson 

To view original article, click here.

The Social Affairs Commission had debated and voted for the bill, but it has now been blocked by 3,000 amendments.

A proposal to legalise assisted dying for people with incurable diseases has been blocked in the French parliament, largely by five opposition party MPs.

The MPs from the opposition party Les Républicains submitted 2,158 amendments to the bill, of a total of 3,000. This means the proposal is very unlikely to be adopted as planned on Thursday April 8.

Latvia Parliament Rejects Euthanasia Initiative

Latvia's parliament, the Saeima, has rejected the “For Good Death” initiative, which had called for the legalization of euthanasia. 49 members voted in favor of rejection, 38 against, two abstained.

At the beginning of February, the public initiative portal Manabalss.lv collected the necessary 10,000 signatures on an initiative to legalize euthanasia in Latvia. 

Previously, the citizens' initiative on euthanasia legalization was rejected by the Saeima Mandate, Ethics and Submissions Commission. 

Portugal Euthanasia Bill Declared Unconstitutional

  

 

by Filipe Avillez. For original article click here

Portugal’s euthanasia bill has been declared unconstitutional by the country’s top court.

Parliament initially approved five proposed laws on euthanasia in February 2020, these were then streamlined into a single bill which was approved by the house and sent to the President, who had the option of signing it outright, vetoing it or sending it to the constitutional court. He chose the latter, asking the judges to look specifically at issues with the terminology.

Pro-euthanasia parties – mostly left-wing, with the notable exception of the Communist Party, which has come out firmly against euthanasia – ignored the opinions of every expert organization in approving the law, including the doctors’, nurses’ and lawyers’ guilds and the ethics committee.

Margaret Dore: The "Oregon Experience," Ann Jackson, and Why the Proposed Right to Die Must Be Rejected in South Africa

Below please find Margaret Dore's expert witness memorandum, prepared for a South Africa court case, Suzanne Walter v. Ministry of Health. See also the comment below from a South African advocate:  

A number of the points made by you are incisive and helpful. I found your interpretation of section 27 of the Constitution particularly useful.... The argument will, amongst others, find its way into the final legal argument before the High Court, and the courts that follow.

To view Dore's original memorandum, click here. To view the memorandum's three-part appendix, click part 1, part 2 and part 3.  

Hearing Today: Tell the Connecticut Public Health Committee to Reject Assisted Suicide & Euthanasia

Dore with Elaine Kolb

"Don't render yourselves, and the people you care about, sitting ducks to heirs and other predators."

By Margaret Dore, Esq.

To read Dore's analysis opposing Raised Bill No. 6425, with supporting documentation, click here and here.

1.    The Bill

The proposed bill, "An Act Concerning Aid in Dying for the Terminally Ill," seeks to legalize “aid in dying,” which is a euphemism for active euthanasia and physician-assisted suicide.[1] 

2. Who May Be Most at at Risk?

Individuals with money, meaning the middle class and above. 

Portugal's Euthanasia Law Goes For Constitutional Review

https://www.kget.com/health/portugals-euthanasia-law-goes-for-constitutional-review

LISBON, Portugal (AP) — Portugal’s president on Thursday asked the country’s Constitutional Court to evaluate a recent law passed by parliament that allows euthanasia and physician-assisted suicide for terminally ill and gravely injured people.

Portuguese President Marcelo Rebelo de Sousa said in a statement the legislation appears “excessively imprecise,” potentially creating a situation of “legal uncertainty.” 

Lawmakers three weeks ago approved by a significant majority the final wording of the bill, following almost a year of discussions to detail administrative procedures and other aspects of the procedures. The bill then went to the head of state, who had to decide whether to approve the law, veto it or send it to the Constitutional Court for review. 

Rebelo de Sousa said the bill also raises a series of questions about the constitutionality of “such a complex and controversial issue.” 

Parliament can override a presidential veto by voting a second time for approval.  

Montana: New Bill to Overturn Assisted Suicide

  

By Margaret Dore, Esq., MBA

Senator Carl Glimm will be introducing a new bill to overturn Montana's Baxter decision.  

The purpose will be to clarify once and for all that physician-assisted suicide is not legal in Montana. 

To learn more, view our Montana page at this link.

Lockdowns Result in Deaths of Isolation

"Is this the rest of my life? If so, I don't want to go on."

This is one of the many heartbreaking questions asked of Dr. Louise Aronson, a geriatric doctor from San Francisco, who works with elderly patients who are stuck in isolation....

"Sometimes the doors to their rooms are open, and you just see someone sitting in a chair with tears running down their face," Aronson said, according to NBC News. 

Chester Peske, a resident of a long-term care facility in Minnesota, contracted COVID-19, and though he was asymptomatic, he died shortly thereafter. His death wasn't due to the virus, however. The cause of death was listed as "social isolation/failure to thrive related to COVID-19 restrictions" in combination with his progressing Alzheimer's disease...

To read full article, click here.

New Zealand End of Life Choice Act Will Allow Non-Voluntary Death

By Margaret Dore, Esq., MBA* 

Justice Mallon

On June 16, 2020, Justice Jillian Mallon issued a judgment describing the End of Life Choice Act as limited to voluntary euthanasia and/or physician-assisted suicide. (Judgment, page 1). 

The Act, however, also allows non-voluntary death. One reason is that assisted dying (euthanasia and assisted suicide) is described as being performed by a "medical practitioner." 

In practice, medical practitioners are allowed to provide medical treatment on a non-voluntary basis. For a common example, consider automobile accidents. Medical practitioners are allowed to treat accident victims on a non-voluntary basis if circumstances are determined to warrant such action. If the patient is unconscious and unable to give consent, medical treatment determined necessary by medical practitioners is nonetheless allowed to go forward.

Four Months of Unprecedented Government Malfeasance

Heather Mac Donald

To view original, Click here

The following is adapted from a lecture delivered on June 18, 2020, for a Hillsdale College online symposium, “The Coronavirus and Public Policy.”

Over the last four months, Americans have lived through what is arguably the most consequential period of government malfeasance in U.S. history. Public officials’ overreaction to the novel coronavirus put American cities into a coma; those same officials’ passivity in the face of widespread rioting threatens to deliver the coup de grâce. Together, these back-to-back governmental failures will transform the American polity and cripple urban life for decades.

Who We Are, What We Do, How We Do It

Who we are

Choice is an Illusion, is a non-profit human rights organization opposed to assisted suicide, physician-assisted suicide and euthanasia. Our mission is to defeat the spread of these practices, including more recent incidents of "slow" euthanasia, for example:

The purposeful placement of actively ill COVID patients with nursing home residents; the reduction of options for individuals, including children, to stay healthy, by blocking their access to exercise, social interaction and healthcare; and the destruction of the economy, putting further pressure on individuals and families.

What we do

We fight to stop the spread of assisted suicide and euthanasia, and to defeat it.

How we do it

We provide legal/policy analyses and testimony to legislatures, courts and the public regarding real life problems with assisted suicide and euthanasia. We do this through our websites, our publications and our direct advocacy. We collaborate with other groups and individuals.

New Mexico Boy, 11, Driven to Suicide by Extreme Isolation Brought About by Coronavirus, Parents Reveal

Landon Fuller

To view full article, click here.

HOBBS, NEW MEXICO: The parents of an 11-year-old boy who killed himself this past April say they believe he was driven to suicide by the social isolation brought about by the coronavirus pandemic.

To everyone who knew him, Landon Fuller was the curious and intelligent young boy who loved Marvel, DC, Dragon Ball Z, Naruto, Pokemon, Harry Potter, and the innumerable other things that those his age thrived upon, according to a GoFundMe page.

But without warning, Landon rode to a field near his Hobbs, New Mexico, home in April and took his own life. His parents, Katrina and James Fuller, recently spoke about his death and said they still don't know what drove him to take such an extreme measure. They said the only clues they got came from his journal, which indicated that the social isolation necessitated by Covid-19 had taken a heavier toll than they could have imagined....

Now, the Fullers urge other parents to talk to their children even if they seem fine. "I hope his story can at least save at least one life. If so, then his death wasn’t in vain," Katrina said.