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.

Connecticut: Legislators Need to See Our Tears

Author testifying in 2015

By Cathy Ludlum

American democracy is based on the idea that the voices of the people matter. As legislators struggle with difficult issues, trying to balance the needs of conflicting constituencies and solve complicated problems, they need to hear the perspectives of the people most directly affected.

This is why they listen to hour after hour of in-person testimony. Written testimony has its place. Studies and charts provide important information; but being in the presence of the people, hearing their passion, and sometimes seeing their tears brings us together as human beings and makes it possible for legislators to make the best decisions.

New CDC Data Shows Suicide Was Leading Cause of Death Among Oregon Youth in 2018

Note: Oregon's suicide rate began rising after physician-assisted suicide became legal in 1997. This is "the elephant in the living room," not mentioned by the article below. 

To learn more about suicide contagion in Oregon, click here. To view the article below in its entirety, click here. 

Salem, Ore. -- In February the Centers for Disease Control and Prevention released data showing that suicide was the leading cause of death among Oregon youth ages 10 to 24 in 2018, up from the second leading cause of death in 2017. Oregon is now ranked 11th highest in the nation for youth suicide death rates (up from 17th in 2017).

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.

Marsha Joiner to Interview Michelle Young Doers

Tomorrow night on the Betrayed by Hospice show, Marsha Joiner interviews Michelle Young Doers, RRT Registered Respiratory Therapist and author of Killing for Profit: The Dark Side of Hospice, available at this link.

Dial 917-388-4520 or listen live on the internet. 5 p.m. Pacific, 6 p.m. Mountain, 7 p.m. Central, 8 p.m. Eastern Time Zones

Michelle writes this heartfelt book from deep within the trenches of what she witnessed first-hand while working for hospice, caring for patients at the end of their life. She saw a business model of cutting corners, making promises that would never be kept and placing the bottom line of the accountants ahead of the care for the patient.

New Hampshire Press Release: "Act Will Create a Perfect Crime"

To view release as sent, click here.

CONCORD, NEW HAMPSHIRE, USA, February 12, 2020 /EINPresswire.com/ -- Attorney Margaret Dore, president of Choice is an Illusion, which has fought against assisted suicide and euthanasia legalization efforts in many states, made the following statement in connection with a bill seeking to legalize these practices in New Hampshire. (HB 1659). HEARING TODAY Wednesday, 02/12/20, 1:00 P.M., SH Rm Reps Hall, House Judiciary.

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.