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

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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 

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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.