Tuesday, May 15, 2018

Court invalidates California assisted suicide law.

Alex Schadenberg
Executive Director, Euthanasia Prevention Coalition

Incredible News:

The California assisted suicide law was invalidated this morning by Judge Daniel Ottolia of the Riverside County Superior Court. 

Judge Ottolia agreed with the Attorneys from Life Legal Defense that the California state legislature violated the state constitution by passing the assisted suicide law during a special session that was limited to healthcare issues.
According to their media release  Alexandra Snyder, Executive Director of Life Legal Defense Foundation argued that:
California's assisted suicide law—the End of Life Option Act—should be declared unconstitutional because the state legislature acted outside the scope of its authority when it enacted the Act. 
In June of 2015, Governor Jerry Brown convened an extraordinary session of the legislature to address Medicaid funding shortfalls, services for the developmentally disabled, and in-home support services. While the California Constitution permits the Governor to issue proclamations to convene extraordinary legislative sessions, the Legislature is prohibited from enacting bills that are not the specific subject of the proclamation.

The California Supreme Court has held that "The duty of the Legislature in special session to confine itself to the subject matter of the call is of course mandatory. It has no power to legislate on any subject not specified in the proclamation." 
The purpose of the End of Life Option Act is to decriminalize physician-assisted suicide, which is not related or even incidental to the stated purpose of the extraordinary session. Suicide does not improve health.

Alexandra Snyder
The sponsors of the Act knew the Act would never pass through the normal legislative process, so they unlawfully exploited the extraordinary session to advance their agenda behind closed doors. Legislation allowing doctors to prescribe lethal drugs is highly controversial and opposed by many members of the state legislature, as well as disability rights groups, hospitals, physicians' groups, and the Life Legal Defense Foundation. 
"This flagrant and unlawful abuse of the legislative process cannot be permitted to stand. If the Attorney General has his way, virtually any special interest bill could be enacted by a select handful of legislators," said Life Legal Defense Foundation Executive Director Alexandra Snyder. "The California Constitution expressly prohibits such an outcome, as it violates the democratic process, which requires legislation to be approved by the full body of elected representatives."
Congratulations to Life Legal Defense who have successfully protected California citizens from being abandoned by physicians who are willing to prescribe lethal drugs to a patient at the lowest time of their life.

The Judge gave the state of California five days to appeal the ruling. This decision may go as far as the United Supreme Court.

2 comments:

Jeffrey Golin said...

Way to go! Fantastic. The bullshit stops here.

Jeffrey Alley said...

A wonderful piece of news.

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