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Rob Kailey is a working schmuck with no ties or affiliations to any governmental or political organizations, save those of sympathy.

Montana Supreme Court hears arguments on Death With Dignity

by: CarlaAxtman

Wed Sep 02, 2009 at 13:54:29 PM MST


(Thanks to Carla for bringing her expertise on this subject to LiTW...I should also mention, she's one of the main blogger over at Blue Oregon... - promoted by Jay Stevens)

Disclosure: I am the Online Community Builder at Compassion & Choices.  Learn more about us here.

This morning in a Helena courtroom, the Montana Supreme Court heard oral arguments on Baxter v. Montana. This case will decide whether terminally-ill, mentally competent adults have the right to choose aid in dying.

The Montana State Constitution contains broad clauses for dignity and privacy. The question before the court is whether those clauses protect the right to aid in dying.

Below is Montana attorney Mark Connell, arguing the case for legalized aid-in-dying:

In December, District Court Judge Dorothy McCarter ruled in a summary judgment that aid in dying is indeed a protected right under the Montana Constitution.  The case heard today will give the higher court an opportunity to affirm that decision.

A diverse array of individuals and groups have provided friend of the court briefs in support of aid in dying.  Human rights groups, women's groups, people of faith, legal scholars and many others contributed to these briefs.  You can view those briefs here.

Compassion & Choices Legal Director Kathryn Tucker, co-counsel to the plaintiffs/respondents said, "This case is about the right of mentally-competent, terminally-ill patients to request a prescription for medication from their doctors which they can ingest to bring about a peaceful death.  This is a choice the Constitution entrusts in them, not the government."

CarlaAxtman :: Montana Supreme Court hears arguments on Death With Dignity
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Thanks, Jay (0.00 / 0)
I totally forgot to mention the Blue Oregon gig.  Thanks for remembering.

Die with Dignity (0.00 / 0)
I support the idea of Death with Dignity.  I have a terminal illness that will probably end very badly for me in terms of pain.  I would hope that the Supreme Court of Montana will make judgement in favor of this law.

I am currently in remission, and I have no idea if I would, in fact, take advantage of the option of dying with dignity if my pain became unbearable, but I would like to be able to make that choice myself.

In fact, doctors have been doing this quietly for years and years.  Back in 1978, my 65-year old mother was very ill and refused to eat.  She used up her alloted Medicare days in the hospital and was transferred to the nursing home.  She had congestive heart failure and there was a build up of fluid around her lungs, but the doctor suspended the use of diuretics.  She developed pneumonia, but he did not prescribe antibiotics.  She was allowed to die because it was believed that she did not want to live any longer.

I think these types of decisions are made by doctors, with or without consulting the families, every day.


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