Judgment Entered Declaring Assisted Suicide/Euthanasia Law Unconstitutional & Prospectively Prohibiting Use

Alexandra Snyder, Esq.

Yesterday, Riverside County Judge Daniel A. Ottolia entered judgment declaring California's assisted suicide/euthanasia law void as unconstitutional. The judgment states:

The Court held the End of Life Option Act ("Act") was passed by a special session of the Legislature in violation of Article IV § 3(b) of the California Constitution because the Act is not encompassed by any "reasonable construction" of the Proclamation granting the special session the authority to legislate. The Court therefore held that the Act was void as unconstitutional.

California Assisted Suicide Law Is Unconstitutional; Decision Upheld by Appeals Court

Alex Schadenberg
Executive Director - Euthanasia Prevention Coalition

Last week, Riverside Superior Court Judge, Daniel Ottolia, overturned California's assisted suicide law when he ruled that the legislature acted outside the scope of its authority [when enacting it]

California passed the state's assisted suicide law in a special health care funding session after the legislature failed to pass the assisted suicide bill in its normal session.

Judge Ottolia, held that "the End of Life Option Act [legalizing assisted suicide] does not fall within the scope of access to healthcare services," and that it "is not a matter of health care funding."

New Zealand Euthanasia Bill Delayed by Mass Replies

Raymond Hoa, MP

An unprecedented surge in public submissions has seen a bill legalising voluntary [and non-voluntary] euthanasia in New Zealand pushed back until next year.

SBS News - An unprecedented outpouring of feedback about a bill legalising euthanasia in New Zealand has seen a potential law change delayed.

The parliamentary committee considering the controversial End of Life Change Bill - which would give people with "a terminal illness or a grievous and irremediable medical condition" the option of assisted dying - has received more than 35,000 submissions already.

Assisted Suicide Bill Defeated in Guernsey

Alex Schadenberg
Executive Director - Euthanasia Prevention Coalition

The Guernsey parliament, today, defeated a proposal to legalize assisted suicide in the British Island state by a vote of 24 to 14.
This is incredible news considering the resources that the assisted suicide lobby invested into passing assisted suicide in Guernsey, that they viewed as a possible "opening" to the legalization of assisted suicide in the UK.

A coalition of groups formed to defeat the bill included disability rights groups - Not Dead Yet UK, and the Guernsey Disability Alliance, also the British Medical Association, and the Care Not Killing Alliance in the UK. 

Finland Slashes Citizens' 'Dying With Dignity' Initiative for Euthanasia

A citizens' initiative on "active death help" or euthanasia has been overwhelmingly rejected by the Finnish parliament.

The vote was 128 to 60.  For more information, click here.

Judge Rules California Assisted Suicide Law Unconstitutional

NAPA, Calif.,  Life Legal  — A California judge overturned the state’s assisted suicide law this morning, ruling that the legislature acted outside the scope of its authority when it enacted the End of Life Option Act.

The Act’s sponsors introduced the bill in a special session of the legislature convened by Governor Jerry Brown to address Medicaid funding shortfalls, services for the disabled, and in-home health support services.

Margaret Dore Testifies

Margaret Dore, testifying against Bill A.2383-A, seeking to legalize assisted suicide and euthanasia in New York State. For more information, see Dore's bill analysis, at these links:  memo and appendix

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.”

New Jersey Press Release

FOR IMMEDIATE RELEASE

Dore: "The bill seeks to legalize ‘aid in dying,’ a traditional euphemism for euthanasia.”

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

Contact: Margaret Dore
margaretdore@margaretdore.com
(206) 697-1217

Trenton, NJ – Attorney Margaret Dore, president of Choice is an Illusion, which has fought assisted suicide/euthanasia legalization efforts in many states and now New Jersey, made the following statement in connection with today’s legislative hearing on a bill seeking to legalize assisted suicide and euthanasia in that state. (A 1504, hearing Monday, 03/12/16, noon).

New York Debate: Thank you Dawn Eskew and Everyone Else Who Came and Contributed

Dawn Eskew

Thank you to Dawn Eskew and everyone else who helped put on yesterday's debate. 

We had a great turnout and Dawn as the moderator, kept everyone in check, including me.

We had a number of people who came a long way, including Alex Shadenberg from Ontario Canada and Kate Menzia from Missoula Montana

It was also very interesting getting feedback from people on the other side.  

Thank you to everyone who donated their time or money to make the event possible. Donations are still needed to cover expenses and to move forward with future events. 

To make a tax deductible donation, please click here,

To make a non tax deductible donation for political advocacy, please click here.

Thanks again!

Margaret Dore, Esq., MBA, President

Choice is an Illusion, a nonprofit corporation opposed 

to assisted suicide and euthanasia, worldwide

www.margaretdore.org

www.choiceillusion.org

This Saturday, Register Now, Seats Limited!

New Hampshire: Assisted Suicide/Euthanasia Study Bill Rejected for Now

Senator Donna
 Soucy, Esq.

By Ellen Kolb*

SB 490 was a gateway to assisted suicide, and the Senate just slammed it shut for now

On a 12-10 vote, the New Hampshire Senate has killed a bill that would have paved the way for assisted suicide. I did not see that result coming. Thank-yous are in order, including one I didn’t think I’d ever be writing.

Voting “inexpedient to legislate,” sending the bill into the trash heap: Senators Bob Giuda, James Gray, Harold French, Ruth Ward, Gary Daniels, Kevin Avard, John Reagan, Donna Soucy, Regina Birdsell, Chuck Morse, William Gannon, and Dan Innis. If any one of them had voted differently, today’s outcome would have been different.

Utah: House Passes Bill Criminalizing Assisted Suicide

Rep Michael McKell

Jessica Miller, The Salt Lake Tribune 

The Utah House passed a bill Tuesday that would criminalize helping someone commit suicide — despite some concern from lawmakers that the bill could unintentionally target physicians or family members of terminally ill patients.

Rep. Michael McKell, R-Spanish Fork, has sponsored House Bill 86, which would amend Utah’s manslaughter statute to include assisted suicide. This means a person would be guilty of a second-degree felony — which is punishable by up to 15 years in prison — if prosecutors can prove he or she provided “the physical means” for someone to commit suicide.

"Prescribe or Refer" Is Anti-Patient: Doctors Are Not Allowed to Use Their Best Judgment for Individual Patients (No More Jeanette Halls)

Margaret Dore, Esq., MBA

By Margaret Dore Esq., MBA - updated 05/12/18

A Wisconsin bill seeking to legalize assisted suicide, requires the patient's attending physician to "prescribe or refer" i.e., to write a lethal prescription for the purpose of killing the patient, or to make an effective referral to another physician, who will do it.

The bill, AB 216, also says that the attending physician's failure to comply is "unprofessional conduct" such that the physician would be subject to discipline. The bill states:

[F]ailure of an attending physician to fulfill a request for medication [the lethal dose] constitutes unprofessional conduct if the attending physician refuses or fails to make a good faith attempt to transfer the requester's care and treatment to another physician who will act as attending physician under this chapter and fulfill the request for medication. (Emphasis added).*

A significance of prescribe or refer is that it's anti-patient, by not allowing doctors to use their best judgment for individual patients.

Vermont Report on Assisted Suicide (and Euthanasia)

From True Dignity Vermont

On January 15, 2018, the Vermont Department of Health presented its first report to the legislature and public on the implementation of the state’s physician assisted suicide [and euthanasia] law.  The legislature had passed the law, Act 39, in 2013 and replaced it in 2015 with Act 27, which maintains Act 39 under “Oregon-style” regulations, including a requirement for biennial reporting.

The law has been in effect for four years, and the current report covers all of them.

Join Us For An Exciting Event

Saturday March 3rd, 2018

Doors Open 12:00pm  | Event 12:30pm

One hour debate followed by 15 minute Q&A

Complimentary Refreshments

Tickets are $10
https://www.eventbrite.com/e/euthanasia-or-aid-in-dying-you-decide-tickets-41520189003

Hofstra University Club, 225 Hofstra Blvd, Hempstead, NY 11550

To print an event flyer Click Here

For more information: 631-487-7578

Delaware: Death Certificate Falsification Requires Opposition to HB 160

Kirk Allison, PhD

Dear Legislators:

I directed the Program in Human Rights and Health at the University of Minnesota School of Public Health from 2006-2016 and am a past chair of the American Public Health Association's Ethics Special Primary Interest Group (now Ethics Section).

While working on my dissertation I was a visiting preceptor (research rotation) at the Hennepin County (Minnesota) Medical Examiner's Office. It was greatly impressed upon me the need for scientific accuracy in the medico-legal documentations of death.

Victoria's Euthanasia Bill Is Not What it Was Promised to Be

Fabian Stahle has issued a thoughtful and detailed report regarding Oregon's six months of live criteria, which is determined in practice to include people with years to live, and not necessarily on a voluntary basis.

The material below is on page 4 of his report, regarding Victoria, which recently enacted a similar standard. I urge readers to also consider his entire report at this link.

Utah: Assisting In Suicide Should Have Legal Recourse

Deseret News Editorial Board

Occasionally, someone commits a crime so heinous and disturbing it leads to demands for specific changes in law. Such is the case in Utah in the wake of the suicide of a 16-year-old girl and the efforts of a young man accused of helping, abetting and encouraging her.

A bill before the Utah Legislature would add assisted suicide to the state’s manslaughter statute. That is an appropriate measure that could give law enforcement authorities more prosecutorial leverage.

Iowa: "Slippery Slope" Is Real

The question of suicide facilitated by medical professionals, physician assisted suicide (PAS), has garnered a great deal of interest on this editorial page. While many of us have poignant stories to tell, anecdotes do not suffice when debating such crucial matters for society.

In the past, Editorial Page Editor Mr. Jon Alexander has rightly advocated for the importance of research in public policy. However, he seems to have set aside his own advice in this case. A careful look at the data from around the world would have revealed that, far from being a “red herring,” the “slippery slope” argument is based not on irrational fear, but on solid information.

Oregon Assisted Suicide/Euthanasia Law Applies to Diabetics

The article below leaves out that "diabetes mellitus" (diabetes) is listed in Oregon's annual reports as an "underlying illness" sufficient for death under Oregon's assisted suicide/euthanasia law.

Click here to view a declaration by Oregon doctor, William Toffler, explaining why this is true. Click here to view the report by Fabian Stahle, quoted below.

Diabetics Eligible For Assisted Suicide &  in Oregon, State Official Say 

By Bradford Richardson - The Washington Times - January 11, 2018

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.