Gorsuch hearing puts spotlight on medical aid in dying
As Supreme Court nominee Judge Neil Gorsuch faces a Senate confirmation vote, a 2006 book he authored arguing against assisted suicide and euthanasia is receiving renewed attention, and so is the related, although distinct, practice of medical aid in dying. The husband of the late Brittany Maynard, who ended her own life with medication in 2014 after being diagnosed with a terminal brain tumor, says Gorsuch would alter his views if he saw the reality of the practice.
“The experience that I went through … if Neil Gorsuch or anyone in his position had seen firsthand what medical aid in dying is, he would probably have a much different opinion,” Dan Diaz said in an interview with Yahoo News Global Anchor Katie Couric. “And what he wrote in his book would be significantly different had he known my wife, Brittany.”
Unlike physician-assisted suicide, medical aid in dying involves providing lethal drugs to someone who has a terminal disease, and generally less than six months to live, allowing them to administer the drugs themselves in order to provide a peaceful, pain-free death.
When Maynard was diagnosed, she and Diaz moved to Oregon from their home in California, where medical aid in dying was not legal at the time. California has since joined Oregon, Washington, Montana, Colorado and Vermont on the list of states where “death with dignity” laws have been passed. Diaz now travels the country advocating for further legislation, which he said is an attempt to fulfill a promise to his late wife.
“The promise I made to Brittany is that I would do what I can to help move legislation forward so that no one else will ever have to leave their home like we did after being told that you have six months to live,” Diaz said.
One common criticism of medical aid in dying laws is that they make would-be candidates more susceptible to being coerced or pressured. Diaz, arguing that “sunlight is the best disinfectant,” says the legislation empowers and protects patients by setting up a legal protocol for the practice.
He also said advances in palliative and hospice care do not eliminate the need for medical aid in dying.
“There are certain cases, and Brittany’s was one of those, where hospice and palliative care are not going to be sufficient.”
Gorsuch’s views on the matter may not be relevant: A case regarding medical aid in dying is unlikely to come before the Supreme Court because a 2006 ruling decided it’s an issue to be decided on a state-by-state basis. Likewise, Diaz said it’s not his goal to halt Gorsuch’s confirmation but to provide information to the public and rally more support for medical aid in dying laws.
“The fact that nearly 70 percent of the population of this country is supportive of medical aid in dying, I’m in good company,” Diaz said. “And it’s really just a matter of the legislators catching up to the will of their constituents. But I’m pretty sure that we’ll get there.”
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