It’s one of the most controversial topics of the last 20 years. And before you ask, yes it is a matter of life and death.

Physician-assisted suicide is expanding in the United States. Last year after a statewide referendum, Colorado became the sixth state to allow assisted suicide, with 65 percent of Colorado voters casting a ballot in favor of the measure. According to Compassion & Choices, an advocacy group that supported the ballot initiative in Colorado, so far 10 people have received prescriptions from doctors giving them access to the life-ending drugs. So far there is no data on whether those who received prescriptions for the life-ending medication have actually gone through with the procedure.

But the practice, which was taboo to even discuss 25 years ago, enjoys a large base of support in the United States. According to Gallup, physician-assisted suicide is supported by nearly 70 percent of the population.

Just last year, California passed the End Of Life Option Act. The first analysis of the law, which the California Department of Public Health recently released, indicates that 173 doctors had prescribed life-ending drugs to 191 patients. Out of those 191 patients, 111 have used the drugs to end their lives since the law was passed in June of 2016. However, Compassion & Choices, says it knows of 500 deaths in California as of this year. We will not know the full information until California releases the data for 2017 next year.

Physician-assisted suicide is an issue that has been debated for a long time. It has been subjected to rounds of philosophical, ethical, and moral debate. But the issue came into the spotlight in the United States in the 1990s with the legal battle between the State of Michigan and Dr. Jack Kevorkian, aka “Doctor Death.”

Jack Kevorkian was a pathologist who wanted to challenge the status quo of the ethical guidelines of a doctor. He contended that if a doctor had a patient that was truly suffering in pain from a terminal or debilitating illness for which there was no cure, then why couldn’t that doctor help end their suffering? He contended that it a doctor’s moral duty to focus on the welfare of the patient, and if the option of death presented itself as a suitable form of welfare for the patient than it should be allowed.

Kevorkian invented his own “suicide machine” in 1989 and assisted over 130 patients in assisted suicide. However, the Michigan legislature made it illegal to perform an assisted suicide in 1998, but Kevorkian continued to practice and was arrested after he allowed “60 Minutes” to air a video that showed him injecting life-ending medication to a man with ALS. He was convicted in 1999 of second-degree murder and served eight years in prison.

While Kevorkian was controversial, particularly because in at least one case he administered the procedure himself, experts agree that he brought assisted suicide into the forefront of public debate.

Since Kevorkian’s conviction, five states and the District of Columbia have passed assisted suicide legislation. Only three of these states have voluntarily provided data on physician-assisted suicide so far. Since Oregon legalized the practice in 1997, 1,127 patients have died. In Washington, where legalization was approved in 2009, there have been 917 reported deaths. And in Vermont, physicians have filed reports for 53 patients seeking life-ending medication.

While assisted suicide has made great progress over the years, many still have issues with the way it is practiced.

Marilyn Golden, a Policy Analyst for the Disability Rights Education and Defense Fund opposed California’s law for a variety of reasons. She says that in theory it could discourage medical insurance companies from paying for new and expensive experimental treatments when providing assisted suicide medication is a cheaper option. She also argues that people in a vulnerable state of mind could be manipulated by heirs and caregivers to end their life, and that there is a lack of oversight for the current process–citing the fact that there is not an independent individual who is there that can confirm that the person who is taking the medication wants to end their life.

It should also be noted that assisted suicide can be a particularly expensive process. A pharmacist in California told the San Diego Tribune that doctors’ preferred drug, which makes the process of assisted suicide quick and painless, costs as much as $3,400 per dose. While the cost of life-ending medication is not cheap, it can be significantly cheaper than what it takes to provide care to someone with a terminal illness.

James Levinson

James Levinson is an Editorial intern at Law Street Media and a native of the greater New York City Region. He is currently a rising junior at George Washington University where he is pursuing a B.A in Political Communications and Economics. Contact James at staff@LawStreetMedia.com

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We get it, life can be hectic. Between work, family, and Netflix binging it can be hard to find enough time to devote to staying up on the news. To make things easier we’ve compiled a digest of some of the top stories from last week–so you don’t have to.  ICYMI keep reading to learn more about Law Street’s best of the week.

1. We Have Obama to Blame for Cat Videos & Drake v. Meek Mill, Says Twitter

Being the president of the United States comes with quite a few perks. For example, exclusive access to Air Force One, 24-7 cooking staff, and the ability to meet with Beyoncé and Jay Z at the drop of a hat.

However, with great power also comes great responsibility–and the major downside that everyone can now blame you for just about anything. Read the full article here.

2. 10 Reasons Law School Students Should Consider a Summer in Boston

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post ICYMI: Best of the Week appeared first on Law Street.

A ruling in the Second District court of New Mexico may make physician assisted suicide legal in that state. In her ruling, Judge Nan Nash stated that allowing doctors to provide fatal drugs to terminally ill patients was well within the confines of the New Mexico state Constitution. She wrote, “this court cannot envision a right more fundamental, more private or more integral to the liberty, safety and happiness of a New Mexican than the right of a competent, terminally ill patient to choose aid in dying.”

The case was filed by Aja Riggs, a cancer patient, age 50, from Santa Fe, NM. She was joined by two of her doctors as plaintiffs, Doctors Katherine Morris and Aroop Mangalik. Riggs filed the suit because she wants the option to end her own life if she becomes terminally ill. Although her cancer is currently in remission, she stated, “most Americans want to die peacefully at home, surrounded by loved ones, not die in agony in a hospital. I feel the same way. If my cancer returns and I face intolerable suffering, I want the option to cut it short, and to die peacefully at home.” Riggs and her physicians were also supported by the American Civil Liberties Union (ACLU), the New Mexico Psychological Association, and a right-to-die group called Compassion & Choices.

With this ruling, New Mexico isn’t necessarily guaranteed physician assisted suicide will become legal. This was a lawsuit in a district court, so this may only apply to that district. The state Attorney General is still deciding whether or not to appeal this case to the New Mexico Supreme Court.

If physician assisted suicide becomes legal as a result of this court ruling, it will make New Mexico the fifth state to do so. Oregon first legalized it in 1997. In recent years, Washington, Montana, and Vermont followed suit.

Such laws allow physicians to provide their terminally ill patients with fatal drugs without fear of prosecution.

When the idea of physician assisted suicide first became prevalent, critics were worried that terminal patients would be pressured to end their lives by doctors or families. But almost two decades later, Oregon has been able to avoid that problem by instituting multiple safeguards before end of life aid is even considered. A terminally ill patient must have documentation that their illness is terminal, and has to go through many psychological evaluations. In order for a patient to qualify for physician assisted suicide, they also need to have made multiple oral and written assertions. Dr. Katherine Morris, one of the plaintiffs in Riggs’s case is a New Mexico oncologist who used to practice in Oregon. She believes that patients have not been pressured stating, “we haven’t seen the slippery slope some people worried about.”

The New Mexico decision drew very different opinions. Advocates for physician assisted suicide applauded the progress. The legal director of the New Mexico ACLU branch, Laura Schauer Ives stated, “New Mexicans, both healthy and sick, now enjoy the comfort and peace of mind that come with knowing they can prevent a prolonged, agonized dying process at the end of life.” On the other hand, other organizations, particularly religious organizations, are responding with distress to the situation, pointing out that the sanctity of life needs to be respected, and that it’s not a physician’s place to make decisions regarding life.

It does seem like the concept of physician assisted suicide has become more popular in recent years, given that three of the four states who have legalized it have done so in the last 5 years. While it’s in the spotlight less than others, the argument does go hand in hand with other social issues. The sanctity of life is a popular topic, and as more states move more towards legalizing it, I bet we’ll see it take center stage in politics in coming years.

[New York Times]

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Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [Nathan & Jenny via Flickr]

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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