Assisted suicide in the United States
Assisted suicide is defined as suicide committed with the aid of another person, sometimes a doctor. “Assisted suicide" has been used to describe what proponents refer to as medical aid in dying in the United States for terminally ill adults who self-administer barbiturates if they feel that they are suffering significantly. The term is often used interchangeably with physician-assisted suicide (PAS), "physician-assisted dying", "physician-assisted death", "assisted death" and "aid in dying".
Assisted suicide is similar to but distinct from euthanasia (sometimes called "mercy killing"). In cases of euthanasia another party acts to bring about the person's death in order to end ongoing suffering. In cases of assisted suicide a second person provides the means through which the individual is able to voluntarily end their own life, but they do not directly cause the individual's death.
Physician-assisted death or "aid in dying" is legal in nine jurisdictions: California, Colorado, District of Columbia, Hawaii, Montana, Maine (starting January 1, 2020), New Jersey (starting August 1, 2019), Oregon, Vermont, and Washington. These laws (excluding Montana since there is no law) expressly state that, "actions taken in accordance with [the Act] shall not, for any purpose, constitute suicide, assisted suicide, mercy killing or homicide, under the law". This distinguishes the legal act of “medical aid in dying” from the act of suicide.
A 2017 poll by Gallup displayed that a solid majority of Americans, with 73 percent in favor, support laws allowing patients to seek the assistance of a physician in ending their life. Nevertheless, assisted suicide remains illegal in a majority of states across the nation.
The first significant drive to legalize assisted suicide in the United States arose in the early years of the twentieth century. In a 2004 article in the Bulletin of the History of Medicine, Brown University historian Jacob M. Appel documented extensive political debate over legislation to legalize physician-assisted death in both Iowa and Ohio in 1906. In Ohio, the legislation was inspired by the campaign of heiress Anna S. Hall, whose mother had died a painful death from cancer. Despite Hall's efforts, the bill was rejected by the Ohio legislature by a vote of 79 to 23.
Glucksberg v. WashingtonEdit
Dr. Harold Glucksberg, along with four other physicians, three terminally ill patients, and Compassion and Dying, brought a case against the state of Washington for banning assisted suicide. The case was filed in District Court in 1994.
Following a series of appeals, the U.S. Supreme Court decided in 1997 in a unanimous decision to uphold Washington's ban. They cited the Due Process Clause and argued that assisted suicide isn't guaranteed as a fundamental liberty protected by due process. The case allowed individual states to decide independently on the medical aid-in-dying issue. It set the stage for legislative efforts on the state level.
Assisted suicide in the United States was brought to public attention in the 1990s with the highly publicized case of Dr. Jack Kevorkian. Dr. Kevorkian assisted over 40 people in committing suicide in Michigan. His first public assisted suicide was in 1990, of Janet Adkins, a 54-year-old woman diagnosed with early-onset Alzheimer's disease in 1989. He was charged with murder, but charges were dropped on December 13, 1990 because there were no Michigan laws outlawing suicide or the medical assistance of it so he was not in violation of a law.
Years later, Kevorkian crossed the line from assisting the patient to actively killing the patient himself. Kevorkian videotaped himself giving a man a lethal injection and aired the tape on 60 Minutes. He was found guilty of second-degree murder and served eight years of a 10–25 year sentence. He was released in 2007, and died on June 3, 2011.
In 2014, the death of Brittany Maynard, an advocate for the legalization of aid in dying, from brain cancer led to renewed debate in the United States over assisted suicide, and was cited as being responsible for bills in several states on the topic. Her home state of California, which she left to reside in Oregon to access its Death With Dignity Act, became the fifth state to authorize aid in dying, in 2015.
In 1992, the group Californians Against Human Suffering proposed Proposition 161 to allow patients with less than six months to live the right to receive assistance from physicians in dying. This proposition offered more safeguards against abuse by physicians than Washington's Initiative 119, such as special protections for patients in nursing facilities. This measure failed to pass with 46 percent of the vote.
Subsequent efforts were tried to pass assisted death legalization through the California State Legislature in 1999, 2005, and 2006, all of which failed. The California legislature passed the California End of Life Option Act, a bill legalizing the practice in September 2015, and the bill was signed into law by Governor Jerry Brown on October 5, 2015, making California the fifth state to authorize medical aid in dying and the second to do so through the legislature. The Act began implementation on June 9, 2016. The law went into effect in June 2016.
In May 2018, Judge Daniel A. Ottolia of the Superior Court of Riverside County ruled that the method of enacting the law was unconstitutional, but the law was reinstated by a state appeals court the following month.
In April 2016, Julie Selsberg and Jaren Ducker filed an initiative with the secretary of state seeking to authorize medical aid in dying in November 2016 through the ballot process.
On November 8, 2016 Colorado voters passed Proposition 106 making assisted death legal among patients with terminal illness.
District of ColumbiaEdit
In January 2015, D.C. Council member Mary M. Cheh introduced the Death with Dignity Act of 2015. On October 5, 2016, the D.C. Committee on Health and Human Services voted 3-2 for the Death with Dignity Act. On November 1, 2016 the D.C. Council voted 11–2 to advance the Death with Dignity Act. It then went through another vote in the council and the Mayor's office. Mayor Bowser's signed the bill on 23 December 2016. After the-30 day U.S. Congress review mandated by the federal Home Rule Act, and following the inability of Congressional Republicans to block the bill, the law went into effect on February 18, 2017, with D.C. becoming the seventh jurisdiction in the U.S. to legalize this.
Since 2019, Hawaii has legally allowed assisted dying, based on the Oregon and Washington state models. Governor David Ige signed a medical aid-in-dying law on April 5, 2018. The law has safeguards to protect against abuse, including two health care providers being required to confirm a patient’s diagnosis, prognosis, his or her ability to make decisions, and that the patient's request is voluntary; as well as a counselor being required to determine that the patient isn’t suffering from conditions that may interfere with decision-making, such as a lack of treatment of depression. The law requires that the patient must make two oral requests for the life-ending medication, with a 20-day waiting period in between, and sign a written request witnessed by two people, one of whom cannot be a relative. Criminal penalties applies to anyone attempting to coerce people into obtaining life-ending medication or tampering with said patient's request.
Aid in dying is legal in Montana through a state supreme court decision. In Baxter v. Montana (2009) the Montana Supreme Court ruled in a 5-2 decision that state law allows for terminally ill Montanans to request lethal medication from a physician under existing statutes, in 2008. The Attorney General of the state of Montana sought an appeal from the Montana Supreme Court, but the court, by a decision of five to two, affirmed the lower court's ruling on the state law. The Court did, however, limit the scope of the decision by not determining if the state's constitution protected the right.
A New Jersey Assembly committee voted in favor of assisted suicide legislation, and the full state Assembly plans to vote on Assemblyman John Burzichelli's bill, known as A 2270, the New Jersey Death with Dignity Act, on November 13, 2014, although the bill failed to receive a vote in the Senate. The bill would have required patients suffering from a terminal disease to first verbally request a prescription from their attending physician, followed by a second verbal request at least 15 days later and one request in writing signed by two witnesses. In addition, the attending physician would have to offer the patient a chance to rescind their request. Governor Chris Christie, at the time the bill was going through a legislative review and voting, vowed to veto any bills related to allowing assisted suicide. Recently, the State Senator, Nicolas Scutar, has recently introduced the Aid in Dying for the Terminally Ill Act in January 2018. The bill was passed on the State Assembly on March 25, 2019 and it was signed by Governor Phil Murphy on April 12, 2019, becoming the 7th state to legalize assisted suicide. The bill is expected to go into effect on August 1, 2019.
Oregon voters first approved the Death with Dignity Act (DWDA) by general election in November 1994 by a margin of 51% to 49%. Ballot Measure 16, a citizen initiative sponsored by Oregon Right to Die Political Action Committee, asked if terminally ill patients with less than 6 months to live should be able to receive a prescription for lethal drugs and included many provisions to protect against misuse, such as two oral requests and a written request from the patient. The patient must also be referred to counseling if a mental illness is suspected.
The law went into effect in October 1997 after an injunction delayed implementation. In November 1997, Measure 51 was placed on the general election ballot to repeal the Act. Voters chose to retain the Act by a margin of 60% to 40%. Since the law has been in effect, it has given Oregon residents and patients a full range of options when dealing with their illness. This law has allowed for patients to consult their doctors about this option (about 1 in 50), while then at least 1 in 6 patients go on to talk to their families about the matter (Quill & Sussman, n.d.) URL:https://www.thehastingscenter.org/briefingbook/physician-assisted-death/. The law gives patients a full range of options when ultimately deciding the best route to help make their lives comfortable when coping with this[which?] illness.
Lee v. State of OregonEdit
In December 1994, doctors and patients argued that the DWDA violated the U.S. Constitution's first and fourteenth amendments in Lee v. Oregon. U.S. District Court Judge Michael Hogan placed a temporary injunction, that he later made permanent, on the Act.
In February 1997, the Ninth Circuit Court of Appeals ruled to dismiss the challenge to the Death with Dignity Act.
Measure 51, Oregon Repeal of Death with DignityEdit
In 1997, Measure 51 was placed on the November ballot. It failed and 60% of Oregon voters, more than the original 1994 vote, expressed their support for the Death with Dignity Act.
Oregon v. AshcroftEdit
U.S. Attorney General John Ashcroft issued a directive in 2001 to prevent the Oregon Death With Dignity Act from being implemented. The state of Oregon successfully sued and proceeded with implementation.
In May 2013, the Vermont Legislature passed the Patient Choice and Control at End of Life Act. Governor Peter Shumlin signed it into law. The law is based on, but is less restrictive than, the Oregon model.
Vermont was the first state to pass an aid in dying law through the legislative process. In January 2013 the act was introduced to the Senate, and in May 2013 it was passed by both the house and senate.
Vermont residents 18 years old or older who are mentally capable adults with a terminal illness and a prognosis of 6 months or less to live can make an oral request and obtain medication from a physician. The bill requires a second opinion, written and oral requests, and other provisions.
In 1991, a ballot question asked if terminally ill adults should be allowed to receive physician aid-in-dying. The initiative failed, receiving 46 percent of the vote.
Washington voters approved the Death with Dignity Act by general election in November 2008 by a margin of 58% to 42% "This measure would permit terminally ill, competent, adult Washington residents medically predicted to die within six months to request and self-administer lethal medication prescribed by a physician. The measure requires two oral and one written request, two physicians to diagnose the patient and determine the patient is competent, a waiting period, and physician verification of an informed patient decision. Physicians, patients and others acting in good faith compliance would have criminal and civil immunity."
In 1999, two terminally ill patients, Kevin Sampson and Jane Doe, sued for an order to exempt their physicians from being charged with manslaughter for assisting them in dying. The superior court ruled against them, and they appealed to the Alaska Supreme Court. This court upheld the previous ruling with the reasoning that the Alaska Constitution's right to privacy and liberty does not allow terminally ill patients to be assisted by physicians in dying.
In Arizona, the city of Bisbee became the first municipality in the state to approve an aid in dying resolution, although the vote is not legally binding.
The resolution states that the city of Bisbee:
- Respects the diversity of perspectives of its citizens,
- Supports equal protection within the diversity of perspectives on end-of-life decisions,
- Recognizes the practice of Aid in Dying as a legitimate individual liberty,
- And, while not a legally enforceable document, urges prosecutorial discretion by the Cochise County Attorney in de-prioritizing cases involving prosecution of a person who has supported, been present, or facilitated a loved one to advance the time of his or her imminent death when facing intolerable suffering.
Legislation to legalize assisted suicide received a public hearing by Connecticut's state legislature for three consecutive sessions in 2013, 2014, and 2015, but has failed to receive a committee vote. State representative Jonathan Steinberg introduced HB 6024, An Act Concerning Aid in Dying for Terminally Ill Patients, on January 19, 2017, with Representative Josh Elliott (D-88th District) co-sponsoring. The bill was referred to the Joint Committee on Public Health.
Krischer v. McIver was a case brought to the Florida Supreme Court in 1997 by the Florida chapter of the Hemlock Society in an attempt to overturn the state's anti-assisted suicide law. The question was if AIDS patient Charles Hall had this right, and the case was appealed to the Florida Supreme Court. This court upheld the constitutionality of Florida's law against assisted suicide.
The Massachusetts Death with Dignity Initiative, a ballot measure to legalize aid in dying, was narrowly defeated in the 2012 general election, with 51% of voters against the proposal.
A poll taken by the Boston Globe and the University of New Hampshire between September 21 and September 27, 2012, found Massachusetts residents supporting Question 2 68%, with 20% opposed. Another public poll by the University of Massachusetts and YouGov American found similar results as late as October 8 with 65% in support and 19% opposed.
A New Mexico court legalized the practice in Bernalillo County in January 2014; this decision was overturned on August 11, 2015, which upheld the state's ban on assisted suicide.
In 1994, a suit was filed in New York claiming that the anti-assisted suicide statute was a violation of equal protection and liberty guarantees of the Fourteenth Amendment. This claim was rejected by the District Court on the basis that there is no right to assisted suicide given by the U.S. Constitution. In 1996, the U.S. Court of Appeals overturned this ruling with the reasoning that the criminalization of assisted suicide violates the Equal Protection Clause. However, the U.S. Supreme Court unanimously reversed the U.S. Court of Appeals decision in Vacco v. Quill, 521 U.S. 793 (1997).
On September 7, 2017, in Myers v. Schneiderman, the New York Court of Appeals held that terminally-ill persons did not possess a right to physician-assisted suicide under the New York State Constitution.
In May 2017, a bill was passed by the state senate, which sought to legalize physician-assisted suicide. The Nevada Assembly Committee on Health and Human Services chose not to advance the bill in the 2017 season. Supporters say that they intend to reintroduce the legislation at Nevada's next legislative session, which will not take place until 2019.
State power to allow and regulateEdit
States have the power to regulate, allow or prohibit assisted suicide.
In 1997, in the cases of Washington v. Glucksberg and Vacco v. Quill, the U.S. Supreme Court ruled unanimously that there is no Constitutional right to assisted suicide, and that states therefore have the right to prohibit it. Advocates of assisted suicide saw this as opening the door for debate on the issue at the state level.
Gonzales v. Oregon was brought to the United States Supreme Court in 2006. The court ruled that the United States Attorney General could not enforce the federal Controlled Substances Act against physicians who prescribed drugs, in compliance with Oregon state law, for the assisted suicide of the terminally ill.
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