After failing in legislature, assisted suicide advocates turn to courts

Crucial case has first hearing in San Diego tomorrow
Christy O’Donnell, left, discusses her illness with her 20-year-old daughter Bailey sitting beside. O’Donnell is the lead plaintiff suing the state of California for the right to have medical aid in dying. The video was released by Compassion & Choices on May 18, 2015. (from KTLA5 May 18 story)

Christy O’Donnell, left, discusses her illness with her 20-year-old daughter Bailey sitting beside. O’Donnell is the lead plaintiff suing the state of California for the right to assisted suicide. The video was released by Compassion & Choices on May 18, 2015. (from KTLA5 May 18 story)

The following comes from a July 15 California Catholic Conference article:

Having fallen short of winning the California legislature’s approval for physician-assisted suicide, advocates for the highly controversial practice are now are focusing on the courts.  Other end runs are probably also in the works.

“Compassion and Choices,” which has been working to legalize doctor-prescribed suicide medication for decades, has been employing a multi-prong approach this year, including legislation (which is failing passage around the nation), initiative campaigns and lawsuits.

A key case is scheduled for its first hearing in a San Diego court on Friday, July 24.

Compassion and Choices, aided by one of California’s largest law firms, filed the suit with Christie O’Donnell, 46, as lead plaintiff.  A Los Angeles County resident, O’Donnell suffers from brain cancer that has spread to other parts of her body. The suit seeks to allow a doctor to prescribe medicines that will kill her. The hearing is scheduled for July 24, her birthdate.

At the core of the case is California Penal Code Section 401, which succinctly states that “Every person who deliberately aids, or advises, or encourages another to commit suicide, is guilty of a felony.”

Although O’Donnell is featured in media coverage, the central plaintiff in the case may be Dr. Lynette Carol Cederquist, a UC San Diego internist and pain specialist.

The court petition says of Cederquist: “She does not provide Aid in Dying because she fears prosecution under Section 401…If Aid in Dying treatments were lawful in California, she would be willing to write a prescription for medication to terminally ill, competent adults who, at their own discretion, could exercise the option to self-administering the drug.”

A favorable ruling for O’Donnell would enable Dr. Cederquist, and possibly other so-inclined medical doctors, to prescribe medication to cause death without fear of repercussion.

Defendants in the case are California law enforcement officials legally responsible for enforcing PC 401, most prominently California Attorney General Kamala Harris, plus the district attorneys of Los Angeles, San Diego and Sacramento counties. Harris has refused to talk about physician assisted suicide.

O’Donnell testified in favor of SB 128, the doctor-assisted suicide bill, in March. In late June she embarked on a media campaign, including an interview with TV anchor Katie Couric.

O’Donnell describes herself as a conservative Christian. She has said that she does not want to move to Oregon, where doctor-prescribed death meds is legal, because it would disrupt her 21-year-old daughter’s life.

When it was filed New York Cardinal Timothy Dolan said “The real death with dignity, the real heroes are those who die naturally, who take each day at a time, savoring everything they’ve got.” http://www.catholicendoflife.org/

 

 

Comments

  1. If people want to kill themselves and go to Hell, they are free do so.
    No one has ever needed a law to kill themselves before.
    All she needs to do is take an overdose of her pain medication.

    Don’t bring the rest of us taxpayers into your murderous decisions.
    Pay for your evil yourselves.

  2. There is no “RIGHT” to assisted suicide. If you want to commit suicide do it yourself.
    Only Cowards need the assistance of others.

  3. For the Doctrine of the Faith regarding: Euthanasia, palliative care,
    and when it is acceptable to discontinue medical procedures that are burdensome – see the
    “Catechism of the Catholic Church, second edition” # 2276, 2277, 2278, 2279.

    All CATHOLICS need to read these.

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