California’s right-to-die law upheld by state appeals court

assisted suicideA state appeals court rejected a challenge Tuesday to California’s right-to-die law for terminally ill patients, overturning a judge’s ruling in May that had briefly blocked enforcement of the law.

The statute, in effect since June 2016, allows a dying adult patient to take lethal drugs that a doctor has prescribed. Before that, two doctors must have determined that the patient would die within six months and was mentally competent to choose death.

Riverside County Superior Court Judge Daniel Ottolia halted enforcement of the law in May, ruling that state lawmakers had illegally considered and passed the legislation during a special session devoted to health care. Allowing patients to take their own lives has no apparent connection to improving Californians’ health care, Ottolia said.

Bills passed in a special session require the same majority vote as in normal legislative sessions, but are generally reviewed more quickly and take effect sooner than in regular sessions. However, the right-to-die bill, which Gov. Jerry Brown signed in October 2015, was drafted to take effect eight months later. …

Click here to read the full article from the San Francisco Chronicle

Court reinstates California law allowing terminally ill people to end their lives

assisted suicideA state appeals court has reinstated – at least for now – California’s law allowing terminally ill people to end their lives. The Fourth District Court of Appeals in Riverside issued an immediate stay Friday putting the End of Life Option back into effect. The court also gave opponents of its decision until July 2 to file objections.

The law allows adults to obtain a prescription for life-ending drugs if a doctor has determined that they have six months or less to live.

Riverside County Superior Court Judge Daniel Ottolia declared the law unconstitutional last month, stating that it had been adopted illegally because lawmakers passed it during a special Legislative session called to address other matters. Ottolia didn’t address the issue of whether it’s proper for people to end their lives.

Right-to-die advocates hailed Friday’s action.

“This stay is a huge win for many terminally ill Californians with six months or less to live because it could take years for the courts to resolve this case,” Kevin Díaz, national director of legal advocacy for Compassion & Choices, said in a statement.

“Thankfully, this ruling settles the issue for the time being, but we know we have a long fight ahead before we prevail.”

California Attorney General Xavier Becerra, who had asked the appeals court to stay Ottolia’s ruling, also praised the decision. …

Click here to read the full article from CBS News

Judge allows lawsuit on life-ending drugs for terminally ill

As reported by the Associated Press:

A judge on Friday allowed a legal challenge to proceed against California’s law letting terminally ill patients seek prescriptions for life-ending drugs.

Riverside County Superior Court Judge Daniel A. Ottolia ruled that a group of doctors had provided sufficient information for a lawsuit over the 2016 law allowing medically-assisted death.

California’s Attorney General Xavier Becerra had argued that the suit should be dismissed because doctors aren’t bound to issue these prescriptions and the law merely offers patients a choice. But Ottolia found that the plaintiffs had alleged enough information to argue that the law violates the state’s constitution by treating terminally ill people distinctly from others contemplating taking their lives.

“This is a violation of both the equal protection and due process clause of the constitution,” plaintiffs’ attorney Stephen Larson told reporters after the ruling.

California is one of a number of states where terminally ill patients can get prescriptions to take life-ending drugs, along with Oregon, Washington, Vermont and Montana. …

Click here to read the full article

Assisted Suicide Start Date Set for June

assisted suicideBeginning June 9, at least some terminally ill Californians seeking to end their own lives will be able to do just that.

Because the law took effect 90 days after the Legislature adjourned, its special session pushed the start date into summer. “The California law will permit physicians to provide lethal prescriptions to mentally competent adults who have been diagnosed with a terminal illness and face the expectation that they will die within six months,” as the Los Angeles Times reported.

After maintaining a long holding pattern, the patchwork of stakeholders involved in the change have shifted into action. “As the implementation date nears, medical groups, supporters, legislators and others are working to raise awareness of the new right-to-die law and ensure all terminally ill patients will have access to it,” CNN reported. “They are holding webinars, panels and town hall meetings, distributing information and setting up telephone lines.”

Substantial hurdles

Resistance to physician-assisted suicide has remained strong since legislation was first proposed, however. Combined with the relatively narrow tailoring of the law, crafted to achieve passage in Sacramento and adequate support statewide, “it still is unclear how the law will play out in California,” as Ben Rich, a bioethics professor emeritus at the UC Davis School of Medicine, told CNN. “He said he expects some health institutions to be supportive and others to be unsupportive, leading to inconsistency around the state,” the network noted.

As it stands, Californians trying to avail themselves of the new process will have a laborious road ahead. “In January the state published guidelines for how the lethal drugs can be prescribed and administered, establishing a lengthy process to ensure that patients are making informed decisions,” New York Magazine observed. “Any patient wishing to be prescribed lethal dosages have to make two verbal requests, 15 days apart, and one written request. He or she has to be at least 18 years old, and a physician has to rule out mental illness.”

A limited trend

Even with its hurdles, the change has been hailed as yet another of California’s supposed bellwether bills. But states that have followed California’s lead on other issues may not be ready this time. In Maryland, this month, similar legislation went down to defeat, following a broader pattern. “Maryland is one of 25 states, along with the District, that have introduced what advocates call ‘aid-in-dying’ legislation since the highly publicized suicide of Brittany Maynard, a 29-year-old California woman who had terminal brain cancer and moved to Oregon in 2014 to legally end her life,” the Washington Post observed.

Kim Callinan, of assisted suicide group Compassion & Choices, told the Post it often “takes multiple times,” to make legislative headway. “In addition to California and Oregon, aid in dying is permitted, with varying restrictions, in Washington state, Vermont and Montana,” as the paper added.

Much comes down to the personal predilections of each state’s governor. Jerry Brown was seen to grapple with the philosophical precepts at stake in legalizing assisted suicide. “In the end, I was left to reflect on what I would want in the face of my own death,” he revealed in his signing statement, as the Los Angeles Times relayed. “I do not know what I would do if I were dying in prolonged and excruciating pain. I am certain, however, that it would be a comfort to be able to consider the options afforded by this bill. And I wouldn’t deny that right to others.” Despite broad American trends toward a more individualistic view of the meaning of life, few governors, even in states where evangelical Christianity and Catholicism have not often mobilized to sink legislation, share Gov. Brown’s unusually spiritual — but distinctively Californian — outlook.

Originally published by CalWatchdog.com

Why conservatives should favor assisted suicide

assisted suicideGov. Jerry Brown recently signed the “assisted suicide” law, which came with significant criticism from those on the right. Many say life is sacred, from conception to natural death. What do these conservatives fail to realize? They should be in favor of this legislation.
As conservatives, we’re always talking about how the government needs to step out of our lives. This a prime example of when government intervention is unacceptable. If an adult wishes to end his or her life, they should have the ability to do so. It’s their life and therefore their decision. Isn’t is better for them to consult their family and physician before making that decision?
Because my mom is a chemotherapy nurse, I’ve seen her patients who are struggling to fight cancer. I’ve heard their stories and watched some of them struggle with such a difficult battle. There are a handful of them who get tired of fighting for their lives. They’re constantly in pain and can’t do what they love because they’re going through chemotherapy and radiation. When they’re not undergoing treatment, they’re feeling sick. It’s a continuous, never ending cycle.
Who are we – the healthy – to tell these people that they should continue being miserable because it’s not the end of their natural life?
If a family member were wanting to end their life, I would rather have them go to the doctor and end their life that way. That would prepare me for the real likelihood of losing them. I would rather know beforehand than to find them dead because they overdosed on pain killers or shot themselves in the head.
“Suicide goes against everything God teaches us.”
While this maybe true, remember, every person’s afterlife is determined by God, not us. What happens between a person and God is between them and no one else.

Gov. Brown signs hard-won right-to-die legislation

As reported by the Ventura County Star:

SACRAMENTO, Calif. (AP) — California will become the fifth state in the nation to allow terminally ill patients to legally end their lives using doctor-prescribed drugs after Gov. Jerry Brown announced Monday he signed one of the most emotionally charged bills of the year.

Brown, a lifelong Catholic and former Jesuit seminarian, announced that he signed the legislation approved by state lawmakers after an emotional and deeply personal debate. Until now, he had refused to comment on the issue.

The bill passed Sept. 11 after a previous version failed this year despite the highly publicized case of 29-year-old Brittany Maynard, a California woman with brain cancer moved to Oregon to end her life.

Opponents said the bill legalizes premature suicide, but …

Click here to read the full article

Gov. Brown Will Decide Fate of Assisted Suicide Bill

Pills health careGov. Jerry Brown once again held the fate of a major legislative change in his hands. This time, a bill legalizing assisted suicide has landed on his desk.

After the Assembly greenlit the legislation 44-35, the state Senate cleared it with a 23-14 vote, CNN noted, bringing to a climax a controversy begun almost a year after the death of terminal brain cancer sufferer Brittany Maynard moved from California to Oregon in order to legally end her life before succumbing to the disease.

With passions running high on both sides, “Brown has not indicated where he stands on the issue, nor whether he will sign or veto the bill,” KQED reported. “If he does nothing, after 30 days the bill will become law.”

“If Gov. Jerry Brown signs the bill, California would become the fifth state to allow doctors to prescribe lethal medication to terminally ill patients who request it, after Oregon, Washington, Vermont and Montana.”

That, according to the New York Times, would triple the number of Americans who could successfully opt to go through with an assisted suicide. As is now routine with controversial California bills, supporters and opponents alike have suggested that Brown’s signature would set off a chain reaction of similar legislation around the country. Already, the Times added, over half the nation’s states “have put forward bills this year to legalize some kind of assisted suicide, according to the Death With Dignity National Center,” although as yet not one bill has made its way into law.

A second try

The bill, known by the special designation ABX2-15, followed in the wake of an effort that fell victim to objections focused on key members of the Assembly Committee on Health. Much like that bill, ABX2-15, introduced by Assemblywoman Susan Eggman, D-Stockton, “would allow some dying patients to end their lives through lethal doses of medication, as long as medication is self-administered; the patient is mentally competent; and two physicians confirm the prognosis that the patient has six months or less to live,” as California Healthline observed.

“Several amendments were added to the bill in the special session, including one that would require patients to reaffirm their consent within 48 hours prior to taking the lethal dose of medication. The bill’s authors also added an amendment that would sunset the law after a decade, making it effective only until Jan. 1, 2026, if passed. However, the state Legislature could vote to extend it.”

Reading the tea leaves

Observers looking for clues on Brown’s disposition noted that he has shown some dissatisfaction with the circumstances under which the legislation was advanced. As the Washington Times noted, “he has taken issue with moving the bill during the current special session, which is supposed to be focused on health care financing instead of the regular session.” Outside critics echoed Brown’s concern. “Californians Against Assisted Suicide spokesperson Tim Rosales said the bill was being rushed through the Legislature’s special session,” CNN reported.

Those opposed to the bill have placed their faith in Brown’s personal religious history. “Everybody’s interested because Jerry Brown’s a Catholic,” political analyst Allan Hoffenblum told the Times, referencing Brown’s well-known time in seminary.

Ongoing litigation

The development did not slow activists’ push for immediate change. In San Diego, the Fourth District Court of Appeal heard plaintiff Christy O’Donnell’s claim that the state should allow her to seek assistance in ending her life in advance of her death from lung cancer that has spread throughout her body. Through Attorney General Kamala Harris’s lawyers, the state countered that “long-standing California law in matters related to terminal illness” should not be swept aside, as the San Francisco Chronicle reported. Harris’s office further argued that O’Donnell’s request for accelerated review also be denied, according to the Chronicle, with the usual appellate process sometimes taking more than a year.

Originally published by CalWatchdog.com

Lawmakers to revive California right-to-die bill

As reported by the San Jose Mercury News:

SACRAMENTO — Democratic lawmakers on Tuesday will unveil plans to revive legislation that would give terminally ill Californians the right to die on their own terms.

Authors of the controversial “End of Life Option Act” shelved the measure last month when it became clear the bill didn’t have enough support to clear a key Assembly committee by a mid-July deadline. It was unclear Monday how the measure will advance now.

Senate Bill 128 would allow mentally competent, terminally ill patients to obtain a legal dose of medication from a physician to ease their suffering by ending their lives. It was inspired by Brittany Maynard, a UC Berkeley graduate who moved to Oregon to legally end her battle with aggressive terminal brain cancer. …

Click here to read the full story

California right-to-die debate heads to court

As reported by the San Jose Mercury News:

SAN FRANCISCO — With efforts to legalize doctor-assisted suicide stalled in the California Legislature, the contentious issue of providing end of life treatment to the terminally ill is now headed back to the courts.

A San Francisco judge on Friday is expected to hear one of the leading legal challenges to California laws forbidding physicians from providing medical treatment that helps the dying end their lives.

Specifically, lawyers for several terminally ill patients and doctors who care for the terminally ill are moving to block enforcement of California laws that date back 140 years barring physician-assisted suicide. A San Diego judge last month rejected similar arguments, but right-to-die advocates say the San Francisco case tees up the central legal issues to resolve the question across California. …

Click here to read the full story

Assisted Suicide Takes Step Forward in CA Legislature

NeedleWith doctors’ groups divided, legislation that would authorize assisted suicide cleared a key hurdle in Sacramento, triggering a fresh round of controversy.

Senate Bill 128, the so-called “End of Life Option Act,” was introduced earlier this year by state Sens. Lois Wolk, D-Davis, and Bill Monning, D-Carmel. Modeled on an Oregon law governing physician-assisted suicide, SB128 set out a series of conditions that would legalize but limit the practice.

Retooled after it initially stalled, the bill has now passed through the state Senate appropriations committee. “Backers of the assisted suicide proposal made some changes to the bill to gain more support after it initially met with strong opposition from hospitals, doctors, anti-abortion organizations and disability rights groups,” Reuters reported. “As currently written, it allows hospitals and medical providers to refuse to comply with a patient’s wish for assisted suicide, and also makes it illegal to pressure or manipulate people into ending their lives.”

The bill’s final language required that medication be self-administered by a mentally competent patient diagnosed by two physicians with six months or less to live, according to California Healthline.

Deepening controversy

One key to the bill’s committee clearance, Reuters noted, was the California Medical Association, which “still opposes the concept of assisted suicide” but “removed its formal opposition to the bill.”

Yet this attempt at a compromise position has left many palliative doctors unsatisfied. Among those supportive of assisted suicide, some have argued that all patients should have a right to avoid discomfort at the end of life — an objective even diligent palliative care cannot always meet.

Others, arguing against the practice, insisted that affirmatively ending patients’ lives was an unnecessary and crude response to the discomfort of death and dying. Newport Beach doctor Vincent Nguyen told Southern California Public Radio that patients’ typical fears — “about pain, losing control or being a burden on family — can be managed with spiritual and emotional counseling and pain medications, all of which are part of the palliative care toolkit.”

Dr. Ira Byock, a palliative care physician in Torrance, went further. Contrary to their wishes, he warned, the chronically ill often “spend their last weeks in intensive care units, hooked up to life support,” according to SCPR. “To address this problem, he says that all doctors — from medical students to veteran practitioners — should be required to have training in end of life conversations.”

A moral shift

As SB128 came one step closer to becoming law, analysts began a closer look at how much popular support the bill might attract. As has long been the case on high-profile and hot-button issues, California has been seen as a bellwether in the struggle over how the law treats those who want to die.

Despite gathering momentum to legalize assisted suicide, public opinion has remained split. But in-state and nationwide, data suggested an ongoing shift in mores that benefits how SB128 is perceived. “Nearly seven in 10 Americans (68 percent) say doctors should be legally allowed to assist terminally ill patients in committing suicide, up 10 percentage points from last year,” Gallup reported. “More broadly, support for euthanasia has risen nearly 20 points in the last two years and stands at the highest level in more than a decade.”

The shift has left opponents pivoting to warn that even relatively narrow authorizations of the practice would lead to ever-broader accommodations down the road. “In the Netherlands, after many years, legal assisted suicide for the dying has evolved into death on demand, with six out of 10 doctors admitting to killing a patient who was simply ‘tired of   living,’” wrote  Jacqueline Harvey of Euthanasia Prevention International at National Review. “California is approaching that slippery slope.”

Originally published by CalWatchdog.com