Showing posts with label aid in dying. Show all posts
Showing posts with label aid in dying. Show all posts

Tuesday, February 11, 2020

New York Press Release: Don't Make Yourself a Sitting Duck to Your Heirs and Other Predators

To view as sent, click here.

Attorney Margaret Dore, president of Choice is an Illusion, a nonprofit corporation opposed to assisted suicide and euthanasia, made the following statement in connection with the Medical Aid in Dying Act, now pending before the New York State Legislature. (Bills A 2694 and S 3947).

“The Medical Aid in Dying Act is a recipe for elder abuse, financial exploitation and legal murder," said Dore. "Older people with money, meaning the middle class and above, will be especially at risk to their heirs and other financial predators." Dore added, "The poor will also be at risk, but for a different reason.”

“’Aid in dying’ is a euphemism for euthanasia, physician-assisted suicide and assisted suicide,” said Dore.

Tuesday, January 7, 2020

Press Release: New Jersey Aid in Dying Act Unconstitutional

Margaret Dore, Esq.
Aid in Dying Means Euthanasia

TRENTON, NJ, UNITED STATES -- Attorney Margaret Dore, president of Choice is an Illusion, a non-profit corporation opposed to assisted suicide and euthanasia, has filed a friend of the court brief in Glassman v. Grewal, which seeks to overturn New Jersey's Medical Aid in Dying for the Terminally Ill Act.


"Aid in Dying" is a euphemism for euthanasia. Dore's brief argues that the Act is stacked against the individual, not limited to people near death and unconstitutional due to the way it was enacted.

Thursday, December 26, 2019

New Jersey "Aid in Dying Act" Is Unconstitutional

To view the filed print version, including the appendix, click here.

I.  IDENTITY OF AMICUS

Margaret Dore is a licensed attorney in good standing in Washington State where assisted suicide is legal. She is appearing pro se.

Dore is a former Law Clerk to the Washington State Supreme Court and the Washington State Court of Appeals. She worked for a year with the United States Department of Justice and has been in private practice since 1990. She is also president of two nonprofit corporations opposed to assisted suicide and euthanasia: Choice is an Illusion, a 501(c)4 nonprofit corporation; and the Foundation for Choice is an Illusion, a 501(c)3 public charity.

Dore has personally appeared and testified against assisted suicide and/or euthanasia in at least 20 US legislatures, and also internationally. Her CV is attached in the appendix, at pages A-1 through A-4. For more information see www.margaretdore.org and www.choiceillusion.org.

II. STATEMENT OF RELIEF SOUGHT

Invalidation of the Medical Aid in Dying for the Terminally Ill Act (“the Act”).[1]

Saturday, April 6, 2019

American Nursing Association's Draft Position Statement Regarding Euthanasia and Assisted Suicide Is "Misleading and Dangerous"

By Margaret Dore, Esq., MBA

The ANA Center for Ethics and Human Rights Advisory Board is seeking public comment on a proposed position statement, "The Nurse's Role When a Patient Requests Aid in Dying."

"Aid in Dying" is a traditional euphemism for assisted suicide and euthanasia. The first paragraph of the proposed statement is set forth below, followed by my responding submission.

Sunday, March 24, 2019

Connecticut: Division of Criminal Justice Opposes Death Certificate Falsification

To view original document, click here

TESTIMONY OF THE DIVISION OF CRIMINAL JUSTICE
H.B. No. 5898 (RAISED) AN ACT CONCERNING AID IN DYING FOR TERMINALLY ILL PATIENTS.

JOINT COMMITTEE ON PUBLIC HEALTH
March 18, 2019

The Division of Criminal Justice takes no position on the concept of H.B. No. 5898, An Act Concerning Aid in Dying for Terminally Ill Patients, but must raise the same concerns that we brought to the Joint Committee on Judiciary when similar legislation was proposed in 2015 (H.B. No. 7015). We state again, as we did then, that the bill as now written could have unintended and very unwelcome consequences.

Friday, January 11, 2019

Federal Closet Euthanasia Act May Be Moving


By Margaret Dore, Esq., MBA

Five days ago, an op-ed appeared in the New York Post advocating for Congressional passage of the "Palliative Care and Hospice Education and Training Act."[1] The Act has not been introduced in the current (116th) Congress.[2] There are, however, rumors that it will be or that passage will occur by packaging it with other legislation. With the appearance of the op-ed, the veracity of these rumors is well founded.

The Act was introduced in the last (115th) Congress as H.R. 1676 and S. 693. Its stated purpose was to provide financial support for palliative care and hospice education centers, including direct patient care. The Act easily passed the House on a voice vote.[3]

There was and is, however, a catch.

Thursday, May 3, 2018

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.”

Wednesday, July 12, 2017

Alabama: Assisted Suicide Ban Act to Go Into Effect

Governor Ivey
By Margaret K. Dore

On May 4, 2017, Governor Kay Ivey approved "Alabama's Assisted Suicide Ban Act." The Act's legislative findings include that in almost every state, it is a crime to assist a suicide.

Per the Act, any person who deliberately assists another person to commit suicide is guilty of a Class C felony. Violators are also subject to liability for damages, actions for wrongful death and suspension or revocation of professional healthcare licenses.

The Act provides that it "shall become effective on the first day of the third month following its passage and approval by the Governor."

To view a copy of the Act as enrolled, click here.

Monday, May 16, 2016

Military Veteran Groups Threatened by Assisted Suicide Study Bill in NH; Bill Defeated 174 to 123!

From True Dignity Vermont
http://www.truedignity.org/military-veteran-groups-threatened-by-assisted-suicide-study-proposals-in-nh/

To hear Representative Baldasaro's speech, click here
Rep Al Baldasaro
Rep. Al Baldasaro of the New Hampshire Legislature on May 11 gave an impassioned speech against a proposed “study committee” to look at “end of life choices.” Speaking on behalf of Veterans’ PTSD/TBI Commission, he cited the fact that New Hampshire is facing an epidemic of suicides among Veterans, and said, “What message are you sending to the community out there and all the good work every one of us has done to protect people from killing themselves? Now we want to make it easy?”
He said that opening the door to such a practice would have grave consequences for veterans at risk for suicide, and that even studying such a bill would threaten efforts to help veterans.   He clearly states that euphemisms such as “aid in dying” don’t change the fact that such laws promote suicide and threaten efforts to protect people from killing themselves.
***
On May 11, 2016, the New Hampshire House of Representatives defeated the bill, 174 to 123.

Wednesday, February 17, 2016

Don't pretend it's not assisted suicide - at least

Editorial Board:
The bill "is a huge jump ...
setting up a system whose
abuse could literally mean
murder."                       
http://nypost.com/2016/02/15/dont-pretend-its-not-assisted-suicide-at-least/

Deceptive names for legislation are nothing new, but this takes the cake.

Introduced by Democrat Amy Paulin in the Assembly and Republican John Bonacic in the state Senate, the bill would make it easier for terminal New York patients to get doctors to give them fatal doses of drugs.

They call it an “aid in dying” bill, but “Assisted Suicide Enhancement Act” is more to the point.
Or “The Streamlining Euthanasia Act.”

Monday, January 11, 2016

Dore Legal and Policy Analysis of New York State Bills

Today, attorney Margaret Dore released a legal and policy analysis opposing bills seeking to legalize assisted suicide and euthanasia in New York State, addressed to members of the Health Committees of the New York State Legislature.  Her analysis can be viewed by clicking here; back up documentation can be viewed by clicking here.  Please find the introduction below.

INTRODUCTION

I am an attorney in Washington State where assisted suicide is legal. Our law is based on a similar law in Oregon. Both laws are similar to the proposed New York State bills, which seek to legalize physician-assisted suicide, assisted suicide and euthanasia as those terms are traditionally defined.

The proposed bills are described as “aid in dying,” but their reach is not limited to dying people. “Eligible” persons may have years, even decades, to live; the bills are a recipe for elder abuse. There are other problems.

I agree with proponents that assuring patient choice and control is paramount. The bills, however, are stacked against the patient. This is due to their actual language. Some of the words used do not have their normal meanings. I urge you to read the definitions and other provisions carefully. 

Don’t be fooled  . . . .

Thursday, August 13, 2015

Memo to the California State Assembly: "No" on SB 128

The original pdf version of this memo has an executive summary and index, which can be viewed here. The attachments can be viewed here.


I. INTRODUCTION.

I am an attorney in Washington State where assisted suicide is legal.[1] Our law is based on a similar law in Oregon. Both laws are similar to the proposed California bill, SB 128.[2] 

Enactment of SB 128 will create new paths of elder abuse. “Eligible” patients will include people with years, even decades, to live.  

I urge you to reject this measure. Do not make Washington’s and Oregon’s mistake.

Wednesday, August 12, 2015

New Mexico court strikes down ruling that allowed assisted suicide

The New Mexico Court of Appeals handed a defeat to the right-to-die movement Tuesday by striking down a lower-court ruling establishing physician-assisted suicide.
The three-judge panel ruled 2-1 that the district court had erred when it determined that “aid in dying is a fundamental liberty interest.”
“We conclude that aid in dying is not a fundamental liberty interest under the New Mexico Constitution,” said Judge Timothy L. Garcia in the majority opinion.

Saturday, August 1, 2015

California Prohibition Against Assisted Suicide is Constitutional.

Margaret Dore, Esq., MBA

A California trial court has upheld the constitutionality of that state's criminal statute prohibiting assisted suicide, which states:
Every person who deliberately aids, or advises, or encourages another to commit suicide, is guilty of a felony.
Penal Code § 401

The court's reasoning is contained in a 19 page "Ruling on Demurrer," filed on July 24, 2015. The ruling uses the term, "Aid in Dying" to mean physician-assisted suicide.  The term also means euthanasia. The court states in part:
Since "Aid in Dying" is quicker and less expensive, there is a much greater potential for its abuse, e.g,, greedy heirs-in-waiting, cost containment strategies, √≠mpulse decision-making, etc. Moreover, since it can be employed earlier in the dying process, there is a substantial risk that in many cases, it may bring about a patently premature death. For example, consider that a terminally ill patient, not in pain but facing death within the next six months, may opt for “Aid in Dying”' instead of working through what might have been just a transitory period of depression. Further, "Aid in Dying" creates the possible scenario of someone taking his life based upon an erroneous diagnosis of a terminal illness illness, which was, in fact, a mis-diagnosis that could have been brought to light by the passage of time. After all, doctors are not infallible.

Friday, October 10, 2014

What will happen to Brittany Maynard?

By Margaret Dore, Esq., MBA

The suicide advocacy group, Compassion & Choices, is running a public relations campaign featuring the story of Brittany Maynard, a 29 year old woman with a brain tumor.  According to media reports, she intends to take her life under Oregon's assisted suicide law in the near future.[1]

Lovelle Svart

In 2007, there was a similar case in Oregon involving Lovelle Svart, which was also promoted by Compassion & Choices.  Svart, who had cancer, died at the end of a party in which she had been having a great time.  The party was reported in the Seattle Times, which described her as being in control.[2]  When it was time for her to die, however, she engaged in stalling behaviors ("a hugging line" and a cigarette break).  There was also this exchange between her and George Eighmey, a member of Compassion & Choices:
“Is this what you want?”
 “Actually, I’d like to go on partying,” Lovelle replied, laughing before turning serious. "But yes." 
The situation was similar to a wedding when it’s time to take your vows.  Everyone is watching and it's the thing to do.  Even if you're having second thoughts or would rather “go on partying,” you go forward.  If Eighmey had wanted to give her an out, he could have said:
“You're having so much fun, you don’t have to do this today or even next week.”
Instead, he closed her by guiding her to take the lethal dose, which killed her.

Will Ms. Maynard get her choice?

It may be hard to know.

Compassion & Choices, regardless, will have an interest in getting the best promotional material possible from her death.

* * *

[1]  Neal Colgrass, Newser staff, October 7, 2014, https://choiceisanillusion.files.wordpress.com/2014/10/29-year-old-woman_-why-im-taking-my-own-life.pdf 
[2] Don Colburn, “Last day of life all planned out, down to the polka,” October 26, 2007, available at http://seattletimes.com/html/localnews/2003918100_suicide02.html

Thursday, August 7, 2014

Lucinda Hardy: Montana's Law Protected Me

To view as published, click here.

I have read the guest column, "People living with disabilities support death with dignity" (July 25), which advocates for legalizing assisted suicide and/or euthanasia for the disabled. I could be described as such a person and this opinion does not speak for me. I am strongly against legalizing these practices.

When I was in high school, I was on track to get a basketball scholarship to college. And then, I was in a car accident. The accident left me in a wheelchair, a quadriplegic. In addition to my paralysis, I had other difficulties. Over the next two or three years, I gave serious thought to suicide. And I had the means to do it, but both times I got close, I stopped myself.

If instead, my doctor, an authority figure, had told me that ending my life was a rational course, there might have been a different result. If instead, he had given me a lethal dose to ingest or offered to euthanize me, I might have gone along with it. But assisted suicide and euthanasia were not legal in Montana. Such courses were off the table.

So, instead, I went to college to seek a degree in education. While in college, I participated in wheelchair racing at the state, national and international levels. I met my husband and 21 years later the honeymoon is not over. We have three beautiful daughters and a new baby granddaughter. I am also active in my community.

Montana's law protected me and I hope it will stay in place to continue to protect me and others as we go through the sometimes hard times of life.

Assisted suicide and euthanasia should not be legal.

Lucinda Hardy, Columbia Falls

Tuesday, January 28, 2014

Oregon's new assisted suicide report: chronic conditions; people with money and more

By Margaret Dore, Esq.
Updated February 19, 2014

Oregon's assisted suicide report for 2013 has been released to the public.[1]  Per the report, the number of deaths from ingesting a lethal dose is low when compared to overall deaths, just 71 out of 32,475 total.[2] The report is nonetheless significant for the following reasons.

Per the report, some people who died from a lethal dose under Oregon's assisted suicide act had chronic conditions such as diabetes.[3] People with these conditions, and other conditions such as cancer, can have years to live.[4]  Jeanette Hall, the woman in the photo, had cancer and was talked out of assisted suicide 13 years ago.[5]  Her doctor convinced her to be treated instead.[6] Legalization, regardless, encourages people with years to live to throw away their lives.

Per the report, most of the people who died from a lethal dose were white, aged 65 or older, and well-educated. See note [7].  People with these attributes are typically well off, i.e., the middle class and above.  The report's introduction implies that their deaths were voluntary, stating that Oregon's act "allows" residents to obtain a lethal dose for self-administration.  There is, however, nothing in the report stating that the specific deaths described in the report were self-administered and/or voluntary.[8] Older well-off people are, regardless, in a vulnerable demographic for abuse and exploitation.  This includes murder.  A 2009 MetLife Mature Market Institute Study states:
"Elders’ vulnerabilities and larger net worth make them a prime target for financial abuse . . . Victims may even be murdered by perpetrators who just want their funds and see them as an easy mark."[9]
Oregon's act was passed in 1997.[10]  Just three later, Oregon's suicide rate for other suicides was "increasing significantly."[11]  Last year, an article in Oregon's largest paper reported:
"New figures show a sharp rise in suicides among middle-aged Americans, and an even bigger increase in Oregon. A Centers for Disease Control and Prevention report shows suicides among men and women aged 35-64 increased 49 percent in Oregon from 1999-2010, compared to 28 percent nationally."[12] 
This "significant increase" is consistent with a suicide contagion in which legalizing one type of suicide encouraged other suicides.[13]

The new Oregon report also lists "concerns" as to why the people who died requested the lethal dose.[14]  The data for these concerns is originally generated by the prescribing doctor who uses a check-the-box form developed by suicide proponents.[15] One listed concern is "inadequate pain control or concern about it."[16]  There is, however, no claim that anyone who ingested the lethal dose was actually in pain.[17]

A copy of Oregon's new report can be viewed at this link: http://choiceisanillusion.files.wordpress.com/2014/01/year16-2013.pdf  For more information, please see the footnotes below.

Margaret Dore is an attorney in Washington State where assisted suicide is legal.  She is President of Choice is an Illusion, a human rights organization opposed to assisted suicide and euthanasia.  She is one of the attorneys of record in the Montana assisted suicide case, Montanans Against Assisted Suicide (MAAS) v. Montana Board of Medical Examiners.  The case has already resulted in the removal of an official policy statement implying that assisted suicide is legal in Montana.  For more information, please click here.  Funds are needed for an upcoming appeal to the Montana Supreme Court.  Please consider a generous donation to MAAS and/or Choice is an Illusion, by clicking here and/or here. Thank you.

[1]  Oregon's Death with Dignity Act-2013, available at http://choiceisanillusion.files.wordpress.com/2014/01/year16-2013.pdf
[2]  Id., Report, page 2, first paragraph and footnote 1.
[3]  Id., Report, page 6 (underlying illness, listing chronic conditions such as "chronic lower respiratory disease" and "other illnesses"). See also page 7, footnote 6 (listing "diabetes mellitus").
[4]  See e.g., Opinion letter of and Dr. Richard Wonderly and Attorney Theresa Schrempp (regarding a young adult with diabetes and other chronic conditions such as HIV/AIDS, "each of these patients could live for decades"), available at http://choiceisanillusion.files.wordpress.com/2012/07/schrempp_wonderly_opn_ltr1.pdf
[5]  See Affidavit of Ken Stevens MD, available at: http://choiceisanillusion.files.wordpress.com/2013/07/signed-stevens-aff-9-18-12-as-filed.pdf  See also, Affidavit of Jeanette Hall, available at:  http://choiceisanillusion.files.wordpress.com/2013/05/jeanette-hall-affidavit.pdf
[6]  Id.
[7]  Report at note 1, page 2, last full paragraph.
[8]  Id..As a further explanation, the report page 1 says that Oregon's Act (DWDA) "allows" terminally ill Oregonians to self-administer the lethal dose.  Nothing says that administration "must" be by self-administration.  Self-administration can also be non-voluntary, for example, if the patient was under a threat of harm to a pet, or incapacitated, say due to alcohol. The rest of the report, pages 2-7 talks about the patient's "ingestion" of the lethal dose, which could also be voluntary, non-voluntary or involuntary. For more information about the term "ingestion," see Margaret K. Dore, "'Death with Dignity': What Do We Advise Our Clients?," King County Bar Association, Bar Bulletin, May 2009, at https://www.kcba.org/newsevents/barbulletin/BView.aspx?Month=05&Year=2009&AID=article5.htm. See also Margaret Dore, "'Death with Dignity': A Recipe for Elder Abuse and Homicide (Albeit not by Name)," Marquette Elder's Advisor, Vol. 11, No. 2, Spring 2010, pp. 391-2, available at http://choiceisanillusion.files.wordpress.com/2014/01/dore-marquette-law-review-article.pdf
[9]  MetLife, "Broken Trust: Elders, Family and Finances," 2009, at https://www.metlife.com/mmi/research/broken-trust-elder-abuse.html#findings
[10]  Oregon's Death with Dignity Act Report at note 1, supra, page 2, paragraph 2.
[11]  News Release, "Rising suicide rate in Oregon reaches higher than national average," Christine Stone, Oregon Public Health Information Officer, Oregon Health Authority, September 9, 2010.
http://choiceisanillusion.files.wordpress.com/2014/01/rising-suicide-rate-in-oregon.pdf
[12]  David Stabler, "Why Oregon's suicide rate is among highest in the country, " The Oregonian, May 15, 2013, at http://blog.oregonlive.com/living_impact/print.html?entry=/2013/05/why_oregons_suicide_rate_is_am.html
[13]  http://en.wikipedia.org/wiki/Suicide_contagion
[14]  Report at note 1, page 6 (middle of page)
[15]  The check-the-box form is Question 15 of the Oregon Death with Dignity Act Attending Physician Follow-up Form, page 5, available at http://choiceisanillusion.files.wordpress.com/2014/01/attending-physician-follow-up-form.pdf
[16]  Report at note 1, page 6 (middle of page).
[17]  Id, entire report.

Saturday, December 22, 2012

Mass: Inclusion Key in anti suicide drive

http://www.washingtontimes.com/news/2012/nov/14/inclusion-key-in-anti-suicide-drive/#disqus_thread

By Valerie Richardson, The Washington Times, November 14, 2012

The anti-euthanasia movement found new life last week after voters in Massachusetts defied the conventional wisdom by rejecting a physician-assisted suicide initiative.

In a setback for the “aid in dying” movement, Question 2, known as the Death With Dignity initiative, lost by a margin of 51 percent to 49 percent after leading by 68-to-20 in a poll released in early September by the Boston Globe.

The turnaround came after the “No on 2” camp fractured the liberal coalition that approved similar measures in Oregon and Washington by building a diverse campaign of religious leaders, medical professionals and advocates for the disabled along with a few prominent Democrats and a member of the Kennedy clan.

Wednesday, December 19, 2012

"Compassion & Choices is a successor organization to the Hemlock Society"

http://helenair.com/news/opinion/readers_alley/assisted-suicide-law-could-lead-to-patient-mistreatment/article_32bac11c-4985-11e2-9338-0019bb2963f4.html?print=true&cid=print

12/19/12
I am a lawyer in Washington State where assisted-suicide is legal. Robert Zimorino’s letter encourages readers to contact Compassion & Choices, a promoter of assisted-suicide (“aid in dying”).
Your readers should know that Compassion & Choices is a successor organization to the Hemlock Society, originally formed by Derek Humphry. In 2011, Humphry was the keynote speaker at Compassion & Choices’ annual meeting here in Washington State.  In 2011, he was also in the news as a promoter of mail-order suicide kits from a company now shut down by the FBI.This was after a 29 year old man used one of the kits to commit suicide.

In 2007, Compassion & Choices was a plaintiff in Montana’s assisted-suicide case. Therein, Compassion & Choices requested legalization of assisted-suicide for “terminally ill adult patients.” The definition of this phrase was broad enough to include an otherwise healthy 18 year old who is insulin dependent or a young adult with stable HIV/AIDS. Such persons can live for decades with appropriate medical treatment.

Once someone is labeled “terminal,” an easy justification can be made that their treatment should be denied in favor of someone more deserving. Those who believe that legalizing assisted-suicide will promote free choice may discover that it does anything but.
Supporting authority not included in the published letter, below:

Monday, December 10, 2012

Massachusetts: Support withered for assisted-suicide ballot question



Over the next month, that support steadily eroded, and on Election Day the measure failed by a razor-thin 51-49 percent margin. 

How did a proposal that seemed sure to pass just five weeks before the election come up short? 

Joseph Baerlein, president of Rasky Baerlein Strategic Communications, who handled public relations for the Committee Against Physician Assisted Suicide, said the measure's opponents had to convince voters who supported the idea of assisted suicide that the bill before them was flawed. 

"We focused our campaign strategy on looking at those weaknesses," said Baerlein. "For us to have a chance to win, we would have to have some amount of voters who felt it was their right take another look, so they would see that this wasn't the right way to do it."

The Death with Dignity Act, or Question 2, mirrored legislation passed in Oregon and Washington state.