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Appeals Court rejects challenge to California law against assisting suicide

Oct 30, 2015

By Dave Andrusko

Justice Alex McDonald

Justice Alex McDonald

On Thursday a three-justice state appeals court upheld a lower court decision that rejected a challenge to California’s law against assisted suicide.

“We believe prescribing a lethal dose of drugs to a terminally ill patient with the knowledge the patient may use it to end his or her life goes beyond the mere giving of advice and encouragement and falls under the category of direct aiding and abetting,” said Justice Alex McDonald in the 3-0 ruling.

The Fourth District Court of Appeal’s decision upheld San Diego Superior Court Judge Gregory Pollack who dismissed a lawsuit challenging California’s law against assisted suicide on July 27. “You’re asking this court to make a new law,” Judge Pollack said at the time.

The backdrop, of course, is that on October 5, California Gov. Jerry Brown signed legislation to legalize doctor-prescribed suicide. In the fine print is that the law does not take effect until 90 days after adjournment of a special legislative session on health care.

It was during that special session–called to address the state’s Medicaid budget–that proponents resurrected a bill that had failed numerous times, including in 2015. That session has not yet ended.

Judge McDonald “said California courts have consistently interpreted the law to apply to doctors, and the Legislature has never objected to those rulings, according to Bob Egelko of the San Francisco Chronicle. “McDonald also said the right of privacy protects individuals but not their doctors.”

Jon Eisenberg, the attorney for the three plaintiffs, said he will ask the state Supreme Court for an immediate review.

Editor’s note. If you want to peruse stories all day long, either go directly to nationalrighttolifenews.org and/or follow me on Twitter at twitter.com/daveha

Categories: Assisted Suicide