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. 

New Hampshire: Dore Memo Opposing Non-Voluntary Euthanasia

By Margaret Dore, Esq, MBA 

Click here to view a pdf version of this document, consisting of an index, a short memo and an appendix.

I. INTRODUCTION

I am a licensed attorney in Washington State where “death with dignity” (assisted suicide and euthanasia) is legal. Washington’s law is based on a similar law in Oregon.  Both laws are similar to the proposed Act set forth in HB 1659-FN.[1]

I am also a former Law Clerk to the Washington State Supreme Court and the Washington State Court of Appeals. I worked for a year with the United States Department of Justice and have been in private practice since 1990. I am also president of Choice is an Illusion, a nonprofit corporation opposed to assisted suicide and euthanasia.

I have personally appeared and testified against assisted suicide and/or euthanasia in at least 20 US legislatures, including New Hampshire, and also internationally. For more information see www.margaretdore.org and www.choiceillusion.org.

Reject New York Medical Aid in Dying Act (Assisted Suicide and Euthanasia)

By Margaret Dore, Esq., MBA

Click the links to view a pdf version of this document, consisting of a memorandum and appendix.

I. INTRODUCTION 

The proposed bills amend New York’s public health law by  adding a new article (28F), the Medical Aid in Dying Act.[1] The Act is based on similar laws in Oregon and Washington State.[2]

“Aid in Dying” is a euphemism for euthanasia.[3] The Act, however, purports to prohibit euthanasia.  On close examination, this prohibition will be unenforceable.

If enacted, the Act will apply to people with years or decades to live. It will also facilitate financial exploitation, especially in the inheritance context. Don’t render yourself or someone you care about a sitting duck to heirs and other predators. I urge you to reject the proposed Act.

Delaware: Seemingly Dead Euthanasia Bill Could Start Moving

By Margaret Dore, Esq., MBA

HB 140, while it failed to pass in the 2019 legislative session or even come to a vote, is still alive due to Delaware's having a two year legislative cycle.

Per Alex Schadenberg, Executive Director of the Euthanasia Prevention Coalition, the seemingly dead bill could start moving in the 2020 session. He's right. We must be prepared.

A Short History of Assisted Suicide and Euthanasia in Montana

By Margaret Dore, Esq., MBA                                                                                                          

Assisted suicide means that someone provides the means and/or information for another person to commit suicide.  If a doctor is involved, the practice may be termed physician-assisted suicide.  Euthanasia is the administration of a lethal agent by another person.

A.  Assisted Suicide

In 1895, the Montana Legislature enacted a criminal statute prohibiting assisted suicide as a "crime against the public safety."[1] In 1907, 1921 and 1947, this statute was re-codified, but its text remained unchanged.[2] The statute stated: "Every person who deliberately aids, or advises or encourages another to commit suicide is guilty of a felony."[3]

ADA Will Trump Euthanasia Prohibition

By Margaret Dore, Esq., MBA

Bills in New York State seek to pass a medical aid in dying act.[1] "Aid in dying" is a euphemism for active euthanasia, meaning the administration of a lethal agent to another person.[2][3]

The act also prohibits euthanasia, stating:

A health care professional or other person shall not administer the medication [lethal dose] to the patient. (Emphasis added).[4]

This prohibition is, however, unenforceable. This is due to the Americans with Disabilities Act (“ADA”).

That’s Not Assisted Suicide, That’s Murder

To view original article, click here

A Montreal couple is calling for disciplinary measures against a psychologist they say counselled one of them to kill the terminally ill other.

When Miranda Edwards was diagnosed with an aggressive form of cancer she said she was determined to fight it.

“I want to live, I want every medical intervention possible,” she said. “I will fight to the end. I will do every treatment, everything possible to stay alive.”

Washington State Act Must Be Overturned

Click here for pdf version.

Washington State’s Death with Dignity Act was passed by the voters as Initiative1000. During the election, backers touted it as providing "choice" for individuals. A glossy brochure declared, "Only the patient — and no one else — may administer the [lethal dose]." The Act does not say this anywhere.[1]

•  The Act legalized assisted suicide as that term is traditionally defined. In the fine print, the Act allows euthanasia.

Maine: Tell the Legislature to Reject Bill LD 1313; Say "No" to Assisted Suicide & Euthanasia

By Margaret Dore, Esq., MBA

Click here for pdf version.

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. In the fine print, both laws allow euthanasia. Both laws are similar to the proposed bill, LD 1313.[2]

The proposed bill seeks to legalize physician-assisted suicide and euthanasia as those terms are traditionally defined. If enacted, the bill will apply to people with years or decades to live. Individuals with money, meaning the middle class and above, will be especially at risk. I urge you to reject LD 1313.

Press Release: Maine Death with Dignity Bill Will Create a Perfect Crime

AUGUSTA, MAINE, UNITED STATES

Dore: “The proposed bill is a recipe for abuse, exploitation and legal murder.”

“Persons assisting a suicide or performing a euthanasia can have an agenda to benefit themselves.”

Contact: Margaret Dore, Esq., MBA

(206) 697-1217

Attorney Margaret Dore, president of Choice is an Illusion, which has fought assisted suicide and euthanasia legalization efforts in many states, and now Maine, made the following statement in connection with a scheduled hearing on a bill seeking to legalize assisted suicide and euthanasia in that state. (Bill LD 1313 , H.P. 948). Hearing Wednesday, 04/10/19, 9:00 A.M., Joint Committee on Health & Human Services, Cross Building, Room 209, State Capitol, Augusta Maine.

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.

To New Jersey Governor Phil Murphy: Veto Flawed Euthanasia Act (Bill A. 1504 Second Reprint)

Governor Murphy

By Margaret Dore, Esq., MBA

To view pdf version, click here

1.  The Act 

The Act legalizes “aid in dying,” a traditional euphemism for active euthanasia.[1] The Act is based on similar laws in Oregon and Washington State.

2.  Pushback Against Assisted Suicide       and Euthanasia

In the last ten years, nine states have strengthened their laws against assisted suicide and/or euthanasia: Alabama, Arizona, Georgia, Idaho, Louisiana, New Mexico, Ohio, South Dakota and Utah.[2]

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.