California Judge Grants Motion to Overturn State's Right-to-Die Law

California Judge Grants Motion to Overturn State's Right-to-Die Law”

Ottolia's ruling kept the law in place and gave the state attorney general five days to file an emergency appeal of the ruling before a higher court, where a longer stay could be granted.

Gov. Jerry Brown called the special session in 2015 to address Medicaid funding shortfalls.

Opponents including the Life Legal Defense Foundation, American Academy of Medical Ethics and several physicians argued the law devalues life and puts vulnerable people at risk.

Life Legal attorneys appeared in court Tuesday morning to argue that the End of Life Option Act, which decriminalizes physician-assisted suicide, is not related or even incidental to the stated goal of the special session. If diagnosed with less than six months to live, a patient may request lethal drugs from their physician.

A Riverside Superior Court judge yesterday held the states End of Life Option Act is unenforceable because it was enacted by the Legislature during a special session that was called for an unrelated objective.

On Tuesday, Ottolia agreed the law did not fall within the scope of access to health care services, and ruled suicide should not be considered a medical service.

"The act itself was rushed through the special session of the legislature and it does not have any of the safeguards one would expect to see in a law like this", he said.

Euthanasia activists had claimed that assisted suicide is, in fact, health care.

In 2015, California became the fifth state to create a policy meant to give terminally ill adults more control over the end of their lives. After the End of Life Option Act was implemented, Stephanie's insurance company denied coverage of life-saving chemotherapy treatment, but said it would pay for "aid-in-dying" drugs, which would cost $1.20.

The legislation was enacted after Brittany Maynard, a 29-year-old woman with a terminal disease, gained public attention when she moved in 2014 from California to OR in order to obtain assisted suicide.

Stephanie has spoken out against assisted suicide in California and other states, saying, "I am so grateful that California's assisted suicide law was overturned today". The bill's proponents tout dignity, choice, compassion, and painlessness. Choice is really an illusion for a very few. At least 111 terminally ill people, mostly suffering from cancer or neuromuscular disorders such as ALS and Parkinson's Disease, have used it to end their lives.

Almost two years after it took effect, California's controversial assisted death law is back in limbo.

"For too many, assisted suicide will be the only affordable "treatment" that is offered them", Ms. Packer said in a statement.

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