Life Legal attorneys, led by Katie Short, appeared in court this morning to argue for a preliminary injunction that would block implementation of California’s assisted suicide law.
The following issues were ruled on by Judge Daniel A. Ottolia at this morning’s hearing:
“Standing”: VICTORY! The judge held that our plaintiffs, six physicians and a nationwide medical group comprised of thousands of doctors, have “standing” to sue on behalf of their patients. Standing is the capacity of a party to bring a lawsuit. At the heart of standing “is the requirement that plaintiffs have sustained or will sustain direct injury or harm and that this harm is redressable” (Wex Legal Dictionary, Cornell University of Law). Without standing, a lawsuit cannot proceed, so Life Legal overcame a major hurdle today!
“Ripeness”: VICTORY! A claim is not “ripe” if it rests upon hypothetical or future events. Courts must adjudicate actual harms, not abstract ones. The judge held today that the case is ripe, which means he acknowledged that people could actually be harmed under the End of Life Option Act.
Preliminary Injunction: Life Legal sought to have the assisted suicide law “enjoined,” or suspended. Unfortunately, the judge denied our motion. He was unclear as to the substantive reasons behind his decision, but said the state should be able to facilitate the “right” of terminally ill individuals to commit suicide.
Life Legal has obtained a death certificate from one of the first deaths by lethal prescription which shows that that the doctor who prescribed the drugs had only known the patient for three weeks. One of our many concerns about the law is that it will create popup clinics that only exist to help people kill themselves. It seems this is has already happened.
Our next court appearance will be on December 5. Please pray, as the End of Life Option Act is a dangerous law that has already resulted in loss of life.
Our fight against California’s assisted suicide law is just beginning, and it will be expensive. Already Compassion and Choices, the Soros-funded assisted suicide organization that choreographed Brittany Maynard’s very public suicide, has joined forces with the state to defend the law.
You can be part of this history-making and life-saving lawsuit by making a donation to Life Legal today!
