Judge Refuses to Suspend California Law Legalizing Assisted Suicide Targeting Elderly, Disabled

State   |   Steven Ertelt   |   Aug 26, 2016   |   7:03PM   |   Sacramento, CA

A California judge has refused to suspend the new state law making assisted suicide legal that targets elderly and disabled people.

The West Coast state became the fourth in the U.S. to legalize deadly doctor-prescribed suicides in October, following Oregon, Washington and Vermont. Euthanasia advocates pushed for the legislation by using the tragic story of Brittany Maynard, a young woman who had terminal brain cancer. A California native, Maynard moved to Oregon where she committed doctor-prescribed suicide in November 2014.

The California bill is modeled after Oregon, which, in 1994, became the first state in the nation to legalize doctor-prescribed suicide. The deadly procedure involves a doctor prescribing a lethal dose of medication to an adult patient who has been diagnosed with a terminal illness.

Proponents argue that such laws are necessary to provide “compassionate aid in dying for terminally ill patients” and point to safeguards similar to Oregon, but the rhetoric obfuscates the real truth.

Disability rights groups, many in the medical community, pro-lifers and others are upset by the new law because of the potential for horrendous abuses of human life. One of their concerns is that doctors are not required to be present when the patient takes the deadly medicine; therefore, there is no way of knowing whether the person is taking the medicine of their own free will.

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But today a judge let the law stand:

A California judge on Friday rejected a request by physicians to immediately suspend a new state law allowing terminally ill people to end their lives.

Riverside County Superior Court Judge Daniel A. Ottolia said the law will remain in effect for now. He also agreed to allow the physicians to pursue their lawsuit claiming the law lacks safeguards to protect against abuse.

Opponents of the law say hastening death is morally wrong, puts all kinds of patients at risk for coerced death by loved ones, and could become a way out for people who are uninsured or fearful of high medical bills.

Attorney Stephen Larson, who represents the plaintiffs, said his clients want the law declared unconstitutional. Determining when someone has six months or less to live is arbitrary and opens the door for abuse, and doctors are not held accountable after they prescribe the life-ending drugs, he said.

“There are plenty of cases of elderly people suffering and people just want them gone,” Larson said. “This makes it too easy.”

Carol Tobias of National Right to Life previously pointed out that the law “shows a blatant disregard for the lives of California’s medically vulnerable citizens and sends a message to these citizens that their lives are less worthy to be lived.”

“It is a well-established fact that nearly every terminally ill patient who desires death is suffering from treatable depression,” Tobias said. “In Oregon, fewer than 6% of patients have been referred for psychiatric evaluation before obtaining life-ending drugs.”

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The California law requires that patients be mentally competent to be approved for doctor-prescribed suicide; however, psychiatric evaluations are not required.

Profit-driven motives of families, doctors, insurance companies and the state also are concerns. Assisted suicide is cheaper than many medical treatments for the terminally ill and disabled. In Oregon, there have been several cases of cancer patients being pushed toward assisted suicide because it was cheaper than the medical treatment they needed.

At least one California doctor is planning to make a business of helping people commit suicide. The Mercury News reports Dr. Lonny Shavelson is ready to welcome assisted suicide patients to his Bay Area office on Thursday. His new office is focused solely on “helping” patients kill themselves through the new law, according to the report.

Disability rights advocate Marilyn Golden said Shavelson’s new practice is alarming. She told the newspaper that the law puts the poor, the elderly and others at risk of coercion and abuse.

“How dogged are they (doctors) going to be in their pursuit of solutions that address the patient’s underlying reasons for requesting death?” Golden said. “If they go all the way to the nth degree of assisting that person, that’s terrific. But it’s worrisome to see people advertising themselves for this, unless they plan on talking everybody out of it by getting them services.”

Euthanasia advocates already are dropping hints about forcing Catholic hospitals to comply with the deadly new law in the name of “access” to “end of life options.” According to the Religion News Service:

The next step, said Matt Whitaker, Compassion & Choices state director for Oregon and California, is to ensure access in a state where the two largest faith-based health care systems, Catholic hospitals and Adventist Care hospitals, have announced they will not participate.

Other large California systems, such as Kaiser Permanente and the Sutter Medical Foundation, the two largest HMOs in the state, are setting up procedures for doctors who say they are willing to aid patients seeking this option.

The law currently has conscience and religious exceptions for medical professionals who are morally opposed to assisted suicide. However, future measures forcing hospitals to offer or refer patients for assisted suicide are plausible. California recently began forcing pro-life pregnancy centers to advertise abortions.

Ironically, the bill was passed during a special session of the California State Legislature, which was originally called to address cost savings for the state’s MediCal program. Indeed, there are many who would see doctor-prescribed suicide as a “cost-savings” measure. Writing about the bill’s passage in The New York Times, Ian Lovett included an observation by Dr. Aaron Kheriaty, director of the medical ethics program at the University of California, Irvine, School of Medicine:

…[Kheriaty] said that low-income and underinsured patients would inevitably feel pressure to end their own lives in some cases, when the cost of continued treatment would be astronomical compared with the cost of a few lethal pills.

Alex Schadenberg of the Euthanasia Prevention Coalition previously told LifeNews.com that people need to know of the dangers associated with assisted suicide.

“Does legalizing assisted suicide show care and concern to someone who is living with psychological pain? Recently, Dr Will Johnston wrote about a young adult patient who became suicidal after watching a video about Brittany Maynard, the California woman who moved to Oregon to die by assisted suicide,” he said. “A primary risk associated with depression is suicidal ideation. The data indicates that legalizing assisted suicide does not reduce suicide, rather it appears to have a suicide contagion effect.”