Please ensure Javascript is enabled for purposes of website accessibility
California Court Reverses Ruling Against Assisted Suicide
By admin
Published 6 years ago on
November 29, 2018

Share

LOS ANGELES — A California appeals court overturned a lower court order that had imperiled the state’s assisted suicide law, but a longer legal fight may loom because the ruling skirted the larger issue of whether the legislation was unconstitutional.

A three-judge panel of the 4th District Court of Appeals in the city of Riverside on Tuesday did not rule on the merits of the case because it found doctors opposed to the law had no right to sue to block the law. The court said the doctors failed to show they were harmed because they could choose not to help terminally ill patients die.

The End of Life Option Act allows adults to obtain a prescription for life-ending drugs if a doctor finds they have six months or less to live.

The ruling reversed Riverside County Superior Court Judge Daniel Ottolia’s judgment in May that declared the law unconstitutional because it was adopted during a special legislative session that was supposed to address improving the medical system and health of Californians.

Law Was Never Suspended

The appellate ruling written by Presiding Justice Manuel Ramirez has no immediate impact on the current status of the law because the appeals court had put the trial court judgment on hold during the state attorney general’s legal challenge.

“Our patients will be tremendously relieved. Thousands across the state will find great solace in knowing this option is there.” — Dr. Catherine Sonquist Forest, a family physician in Northern California

News that the lower court ruling had been reversed buoyed advocates of doctor-supported death.

“Our patients will be tremendously relieved,” said Dr. Catherine Sonquist Forest, a family physician in Northern California who has six terminally ill patients considering the option. “Thousands across the state will find great solace in knowing this option is there.”

The ruling is probably not the last word on the matter and could set the stage for future legal actions. The case was sent back to the lower court and the lawsuit could be amended and refiled.

The court even spelled out how groups challenging the law might be able to show harm to plaintiffs.

For example, a district attorney who wanted to prosecute a doctor for helping a patient die or a hospital or medical group that sought to discipline an affiliated physician who assisted a death might be able to establish standing, the court said.

Opponents of Law Criticize Decision

The Life Legal Defense Foundation, which represented the doctors, said it was disappointed and would consider its options. Other opponents of the law criticized the decision.

“Assisted suicide is not health care and places countless Californians at risk of deadly harm. Sadly the court’s ruling in this case … fails to protect vulnerable patients whose care has been compromised by this dangerous public policy.” — Matt Vallière of the Patients Rights Action Fund

“Assisted suicide is not health care and places countless Californians at risk of deadly harm,” said Matt Vallière of the Patients Rights Action Fund. “Sadly the court’s ruling in this case … fails to protect vulnerable patients whose care has been compromised by this dangerous public policy.”

Supporters of assisted suicide said the ruling would strengthen their defense of the law in the future.

“But the harsh reality is this case is likely to last several more years because the plaintiffs are hell-bent on depriving … terminally ill Californians … (of) a peaceful death, free of unbearable suffering,” said attorney John Kappos, who represented Compassion & Choices, a group that supported the law.

374 Terminally Ill People Took Drugs to End Their Lives

While two justices ruled only on the issue of standing, Justice Marsha Slough dissented in part because she said the appellate panel should have ruled on the merits of the case and found the law was constitutional.

Slough said it was not a stretch for the Legislature to consider assisted suicide as an extension of a discussion on the efficiency of the health care system. She said there was no reason to “drag this case out” before finding lawmakers acted within their authority.

“We have a responsibility to expeditiously disperse the uncertainty this litigation has created for countless patients, family members, and loved ones, as well as physicians and workers in the health care sector,” Slough wrote.

In 2017, the first full year assisted suicide was legal, 374 terminally ill people took drugs to end their lives, California health officials said.

The District of Columbia and six other states — Oregon, Colorado, Montana, Vermont, Washington, and Hawaii — also allow assisted suicide.

DON'T MISS

What to Know About Pam Bondi, Trump’s New Pick for Attorney General

DON'T MISS

North Korean Leader Says Past Diplomacy Only Confirmed US Hostility

DON'T MISS

Democrats Strike Deal to Get More Biden Judges Confirmed Before Congress Adjourns

DON'T MISS

Newsom Gaslights on Potential Gas Price Hikes in Fresno Visit

DON'T MISS

Automakers to Trump: Please Require Us to Sell Electric Vehicles

DON'T MISS

President Biden Welcomes 2024 NBA Champion Boston Celtics to White House

DON'T MISS

Ohtani Makes History With 3rd MVP, Judge Claims 2nd AL Honor

DON'T MISS

Trump Chooses Pam Bondi for Attorney General Pick After Gaetz Withdraws

DON'T MISS

Average Rate on a 30-Year Mortgage in the US Rises to Highest Level Since July

DON'T MISS

Cutting in Line? American Airlines’ New Boarding Tech Might Stop You at Now Over 100 Airports

UP NEXT

What Will Happen to CNBC and MSNBC When They No Longer Have a Corporate Connection to NBC News?

UP NEXT

Major Storm Drops Record Rain, Downs Trees in Northern California After Devastation Further North

UP NEXT

Newsom Heads to Fresno, a County That Voted for Trump

UP NEXT

Conservative Professors and Students Are Beating CA Community Colleges in Court

UP NEXT

Thousands of University of California Workers Go on 2-Day Strike Over Wages, Staff Shortages

UP NEXT

Gavin Newsom Pledged to Release His Tax Returns Every Year. The Last One Was for 2020.

UP NEXT

California Governor Will Not Make Clemency Decision for Menendez Brothers Until New DA Reviews Case

UP NEXT

Fewer Kids Are Going to California Public Schools. Is There a Right Way to Close Campuses?

UP NEXT

California Voters Reject Measure That Would Have Raised Minimum Wage to Nation-High $18 Per Hour

UP NEXT

With Democracy Supposedly at Stake, California Voters Stayed Away in Droves

Newsom Gaslights on Potential Gas Price Hikes in Fresno Visit

5 hours ago

Automakers to Trump: Please Require Us to Sell Electric Vehicles

6 hours ago

President Biden Welcomes 2024 NBA Champion Boston Celtics to White House

6 hours ago

Ohtani Makes History With 3rd MVP, Judge Claims 2nd AL Honor

6 hours ago

Trump Chooses Pam Bondi for Attorney General Pick After Gaetz Withdraws

7 hours ago

Average Rate on a 30-Year Mortgage in the US Rises to Highest Level Since July

7 hours ago

Cutting in Line? American Airlines’ New Boarding Tech Might Stop You at Now Over 100 Airports

7 hours ago

MLB Will Test Robot Umpires at 13 Spring Training Ballparks Hosting 19 Teams

8 hours ago

Death Toll in Gaza From Israel-Hamas War Passes 44,000, Palestinian Officials Say

8 hours ago

Jussie Smollett’s Conviction in 2019 Attack on Himself Is Overturned

8 hours ago

What to Know About Pam Bondi, Trump’s New Pick for Attorney General

NEW YORK — Pam Bondi, the former Florida attorney general, was chosen Thursday by Donald Trump to serve as U.S. attorney general hours after...

4 hours ago

4 hours ago

What to Know About Pam Bondi, Trump’s New Pick for Attorney General

5 hours ago

North Korean Leader Says Past Diplomacy Only Confirmed US Hostility

5 hours ago

Democrats Strike Deal to Get More Biden Judges Confirmed Before Congress Adjourns

5 hours ago

Newsom Gaslights on Potential Gas Price Hikes in Fresno Visit

President Joe Biden with Mary Barra, the chief executive of General Motors, at the Detroit Auto Show, Sept. 14, 2022. President-elect Donald Trump has promised to erase the Biden administration’s tailpipe rules designed to get carmakers to produce electric vehicles, but most U.S. automakers want to keep them. (Doug Mills/The New York Times)
6 hours ago

Automakers to Trump: Please Require Us to Sell Electric Vehicles

6 hours ago

President Biden Welcomes 2024 NBA Champion Boston Celtics to White House

6 hours ago

Ohtani Makes History With 3rd MVP, Judge Claims 2nd AL Honor

Former Florida Attorney General Pam Bondi, speaks before Republican presidential nominee former President Donald Trump arrives to speak at a campaign rally at First Horizon Coliseum, Saturday, Nov. 2, 2024, in Greensboro, NC. (AP/Alex Brandon)
7 hours ago

Trump Chooses Pam Bondi for Attorney General Pick After Gaetz Withdraws

Help continue the work that gets you the news that matters most.

Search

Send this to a friend