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.

Impeaching Whitmer for Every Dead Grandparent

To view original post, click here

By Pat Moody | Posted July 16, 2020 | 

The movement underway in Michigan to impeach Gov. Gretchen Whitmer is gaining legislative clout as five lawmakers in Lansing have joined the effort to oust her with Allegan County State Rep Mary Whiteford among them.

Whiteford joined three State House colleagues and one Michigan Senator in signing on to the Impeach Gretchen Whitmer headed up by Chairman Brandon Hall of Grand Haven.

Hall announced Wednesday that four members of the House and a State Senator, have joined the movement to launch an impeachment inquiry into Governor Whitmer.

Hall says, “Gretchen Whitmer’s historic, unprecedented destruction of our state requires historic, unprecedented impeachment proceedings,” and adds, “Playtime is over, the time to talk with this ruthless tyrant is over. It’s time for bold leadership, and I’m elated so many legislators are standing up.”

Slow Euthanasia: No One to Blame for Andrew Cuomo Putting 6,000+ Coronavirus Patients in Nursing Homes

https://www.frontpagemag.com/point/2020/07/cuomo-no-one-blame-me-putting-6000-coronavirus-daniel-greenfield/

by Daniel Greenfield

"Hi Bob, got a question for you."

"Yes, Andy."

"How many thousands of nursing home patients can you kill before it impedes your presidential chances?"

Graham Morant Red Flag to Oppose Assisted Suicide Legalization

By Richard Egan.
To view pdf, click here.

In a unanimous decision by three judges of the Queensland Court of Appeal handed down in Brisbane on 19 June 2020 in the case of R v Morant [2020] QCA 135, Graham Morant’s appeal against his conviction for aiding the suicide of his wife was rejected on all four grounds of appeal and the sentence of 10 years imprisonment was upheld as fair.

Morant was convicted on two counts under s311 of the Queensland Criminal Code. The first was that he had counselled Ms Morant to kill herself and thereby induced her to do so. The second was that he had aided her in killing herself.

Australia: Graham Robert Morant Loses Assisted Suicide Appeal

By Lydia Lynch, Brisbane Times

A Queensland man sentenced to 10 years in prison for helping his wife to kill herself for a $1.4 million life insurance payout has lost his appeal.

The ruling comes after emails between euthanasia campaigner Philip Nitschke and the man's wife were discovered following his conviction.

Graham Robert Morant (pictured here) was aged 69 when he was convicted of persuading his wife to end her life in November 2014.

Australia: If Assisted Dying Is a Right, Must It Be Made Available to Everyone?

Queensland Parliament

By Margaret Dore, Esq.

A Queensland Australia Parliamentary Committee has made recommendations concerning voluntary assisted dying or VAD, meaning euthanasia and assisted suicide.[1]

Of special interest is the Committee's Recommendation 17, referring to "rights" of the patients to access VAD. The recommendation states:

The committee recommends that any voluntary assisted dying scheme in Queensland provides health practitioners who may have a conscientious objection to participating in voluntary assisted dying to opt not to participate, provided that the rights of the patients to access the scheme are also protected.  (Emphasis added).[2]

Massachusetts: Assisted Suicide Bill Timing "Wrong"

To view full press release on Not Dead Yet, click here.                   

John Kelly

Second Thoughts Massachusetts issues the following statement in opposition to the favorable report given by the state legislature’s Joint Committee on Public Health to Bill S. 2745, legislation that would legalize assisted suicide in Massachusetts.

Assisted suicide legislation sends a message of ‘better dead than disabled’ while completely immunizing doctors, heirs, and caregivers who can encourage or even engineer a person’s death without fear of prosecution,” said Second Thoughts Director John B. Kelly.

Virginia: "Patient-Directed Suicide Has Morphed into Family-Determined Suicide"

Thomas Eppes, M.D.

This article, published as a letter to the editor in 2018, is nonetheless timely today. - Margaret Dore.* 

Recently the effort to legalize physician-assisted suicide has ramped up in Virginia. For 2,500 years, medicine has claimed the role of healer, but this dangerous public policy would change that by requiring a doctor’s participation in a patient’s demise .

Patients should never be conflicted about which role their physician plays.

Minnesota Website Update

Minnesota State Capitol

The 2019-2020 Minnesota Legislative Session features three bills seeking to legalize assisted suicide and euthanasia, as those terms are traditionally defined. The bills are HF 2152, SF 2286 and SF 2487. For more information, see bill histories here, here and here.

On September 11, 2019, there was an informational meeting in the House Committee on Health and Human Services regarding HF 2152. No other activity is indicated. Presumably, there will be similar bills next session.

For information about similar bills in prior years, go to Choice is an Illusion Minnesota.

Massachusetts Euthanasia Bills Have Reportedly Moved Out of Committee

State House

According to unconfirmed sources, the Massachusetts "End of Life Options Act," seeking to legalize assisted suicide and euthanasia, has advanced out of the Joint Committee on Public Health to the Healthcare Finance Committee (S. 1208/H. 1926).

To learn more about problems with the Act, please see the legal/policy analysis below. If you have further information as to the exact status of the bills, please write me at margaretdore@nmargaretdore.com Thank you.

Margaret Dore, Esq.

Assisted Suicide Bill HB 5420 Dead for Now

Stephen Mendelsohn

Stephen Mendelsohn:

We still need to be concerned about a special session, but for now, 8 years with no bill passing a single committee.

Story below courtesy of Connecticut News Junkie:

HARTFORD, CT — They never expected it to end like this, but legislative leaders decided Monday that it’s not safe for them to return to the state Capitol before the constitutional adjournment of May 6.

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.

Connecticut: Legislators Need to See Our Tears

Author testifying in 2015

By Cathy Ludlum

American democracy is based on the idea that the voices of the people matter. As legislators struggle with difficult issues, trying to balance the needs of conflicting constituencies and solve complicated problems, they need to hear the perspectives of the people most directly affected.

This is why they listen to hour after hour of in-person testimony. Written testimony has its place. Studies and charts provide important information; but being in the presence of the people, hearing their passion, and sometimes seeing their tears brings us together as human beings and makes it possible for legislators to make the best decisions.

New CDC Data Shows Suicide Was Leading Cause of Death Among Oregon Youth in 2018

Note: Oregon's suicide rate began rising after physician-assisted suicide became legal in 1997. This is "the elephant in the living room," not mentioned by the article below. 

To learn more about suicide contagion in Oregon, click here. To view the article below in its entirety, click here. 

Salem, Ore. -- In February the Centers for Disease Control and Prevention released data showing that suicide was the leading cause of death among Oregon youth ages 10 to 24 in 2018, up from the second leading cause of death in 2017. Oregon is now ranked 11th highest in the nation for youth suicide death rates (up from 17th in 2017).