EPC - USA Files Brief to Massachusetts Supreme Court in the Kligler Assisted Suicide Case

Alex Schadenberg, Executive Directive, Euthanasia Prevention Coalition

In January 2020 the assisted suicide lobby appealed a Massachusetts Superior court decision which found that there was no right to assisted suicide in Massachusetts. 

Recently the Massachusetts Supreme Court agreed to hear the case and yesterday, EPC-USA submitted a brief in the Massachusetts Supreme Court in this case. 

The case known as Kligler concerns Dr Roger Kligler, who is living with prostate cancer and seeking death by assisted suicide and Dr Alan Schoenberg, who is willing to prescribe lethal drugs for Kligler to die by assisted suicide.  Kligler who claimed to be terminally ill when launching the case in 2016 remains alive today.

Kligler and Schoenberg are arguing that doctors cannot be prosecuted for prescribing lethal drugs for assisted suicide to a competent terminally ill person under the Massachusetts state constitution.

Dore Press Release: "Delaware Bill Seeks to Legalize Assisted Suicide and Euthanasia"

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 issued the following statement regarding House Bill 140, now pending in the Delaware General Assembly, seeking to legalize physician-assisted suicide and euthanasia, on both a voluntary and involuntary basis. The Act, deceptively titled End of Life Options, refers to these practices as medical aid in dying.

“Aid in Dying has been a euphemism for physician-assisted suicide and euthanasia since at least 1992," said Dore. “Per the American Medical Association, ‘physician-assisted suicide’ occurs when a doctor facilitates a patient’s death by providing the means or information to enable a patient to perform the life-ending act. ‘Euthanasia’ is the administration of a lethal agent by another person.”

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.

Colombia Legislature Defeats Bill to Legalize Euthanasia Again

By Michael Cook

For entire article, click here.

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.

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. 

Latvia Parliament Rejects Euthanasia Initiative

Latvia's parliament, the Saeima, has rejected the “For Good Death” initiative, which had called for the legalization of euthanasia. 49 members voted in favor of rejection, 38 against, two abstained.

At the beginning of February, the public initiative portal Manabalss.lv collected the necessary 10,000 signatures on an initiative to legalize euthanasia in Latvia. 

Previously, the citizens' initiative on euthanasia legalization was rejected by the Saeima Mandate, Ethics and Submissions Commission. 

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.

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.  

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.

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.

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.”

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.

Margaret Dore: Euthanasia Act "Must Be Set Aside"

E. David Smith

On March 24, 2020, a hearing was held in Glassman v Grewal, a lawsuit, which seeks to invalidate New Jersey's euthanasia law, formally known as the "Medical Aid in Dying for the Terminally Ill Act."

The specific matter before the court was a motion to dismiss brought by the defendant, New Jersey Attorney General, Gurbir S. Grewal.

The plaintiff, Joseph Glassman, represented by E. David Smith, opposed the motion, as did Margaret Dore, president of Choice is an Illusion, representing herself as amicus curiae.

Dore, who had filed both an amicus brief and a reply brief, argued that the Act must be set aside pursuant to the New Jersey Constitution. Her arguments largely tracked her reply brief, a portion of which is set forth below.

Huge Setback for Proponents in Maryland

Anne Hanson, MD

On March 16, 2020, the Maryland Legislature adjourned without passing bills seeking to legalize assisted suicide and euthanasia (HB 643 and SB 701). Dr. Anne Hanson, states:

We testified on the Senate version, SB 701, on 2/28/20. There was no hearing on the House bill and neither advanced out of committee. Best success we've had since the first go-around in 2015!

Hansen added, this was "a huge setback for proponents considering the bill failed to pass into law by one vote last year."

Thank you to Dr. Hanson and everyone else who made this possible.

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.

New Hampshire: Don't Be Sitting Ducks to Non-Voluntary Euthanasia

By Margaret Dore, Esq.

This is a short summary version of problems with New Hampshire's pending euthanasia act. For more a more in depth presentation, click here.

The proposed Death with Dignity Act is based on a similar Act in Oregon. 

Both Acts apply to people predicted to have less than six months to live. In real life, such predictions are often wrong due to mistake and because predicting how long a person will live is an inexact science; sometimes a disease process will stop on its own. 

If passed into law, the Act will apply to people with years or decades to live. This will be especially true if New Hampshire follows Oregon practice to determine life expectancies without treatment. Young adults with chronic conditions, such as insulin dependent diabetes, will be considered terminal and therefore subject to the Act.

Assisting persons, such as family members, can have an agenda, with the more obvious reasons being inheritance and life insurance.