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Wednesday, October 7, 2009, 4:17 PM
Wesley J. Smith

The assisted suicide movement doesn’t give a fig about consistency. If people attack legalized suicide, they pound the podium and assert that we must respect state’s rights.  But when states refuse to legalize assisted suicide–as in Montana–they file lawsuits hoping an activist judge will find a heretofore unheard of “right” to assisted suicide.

First came an attempt to impose assisted suicide nationally via U.S. Supreme Court fiat. That failed 9-0. Then, Florida, where the court also said no. Ditto, California and Alaska.  Finally, pay dirt in Montana.  And now, even though Connecticut got nowhere in the last legislative session in an attempt to legalize assisted suicide, the usual suspects want a judge to “interpret” the law to permit doctors to help kill patients.  From the story:

Two Fairfield County doctors are asking the Connecticut courts to clarify a 40-year-old law in a way that would prevent physicians from being prosecuted for prescribing drugs to end a person’s life. Attorneys for the doctors, Gary Blick of Norwalk and Ronald Levine of Greenwich, are seeking a ruling on the current law that says a person is guilty of second-degree manslaughter if “he intentionally causes or aids another person, other than force, duress or deception, to commit suicide.” They want to ensure that the provision would not apply to licensed physicians who prescribe drugs for mentally competent, terminally ill patients. “Obviously, the crux of this case is what is suicide and what is aid in dying,” said Kathryn Tucker, an attorney who for the doctors and legal director for Compassion & Choices. She called the issue “a case of first impression,” one that has not been decided by the courts.

It’s really not hard: Suicide is knowingly taking action to kill yourself, in this case, taking an overdose of drugs with the intent to die. Assisted suicide is providing the means or otherwise assisting that action, in this case, prescribing sufficient drugs to kill the patient in the knowledge that suicide is the patient’s intent.  It isn’t prescribing drugs for a legitimate medical purpose, such as treating pain.

“Aid in dying” is just a gobbledygook euphemistic advocacy term that pretends terminally ill people can’t commit suicide. In other words, it is postmodernism run amok in that it would disregard facts and sacrifice accurate definitions on the altar of personal narrative.  So, if I give someone dying of cancer a gun, load it, cock it, and help them point it at their head knowing they will pull the trigger, I have only aided in their dying?  That’s nuts.  People like Tucker will say, but that’s violent, so it is suicide.  Baloney.  The principle doesn’t change if a doctor is prescribing a poisonous overdose or I am helping someone shoot themselves.

This should be a slam-dunk.  Alas, with judges today, you never know what will happen.  After all, there is no power or fame in refusing to impose your policy views in culture-changing controversy. Sometimes I wonder why we even bother with legislatures when we have judicial overseers who can transform advocacy lexicon into legal rights.

9 Comments

    Another Attempt to Impose Assisted Suicide by Judicial Fiat » First Thoughts | A First Things Blog
    October 7th, 2009 | 4:25 pm

    [...] More details over at Secondhand Smoke. Comments (0) [...]

    Lee Kuan Yew
    October 7th, 2009 | 8:55 pm

    If compassion means to “suffer with,” then if I shoot someone for any reason, it would be an act of compassion, because I would have suffered the loss of a bullet.

    Tweets that mention To Heck With Democracy! Let Judges Impose Assisted Suicide » Secondhand Smoke | A First Things Blog -- Topsy.com
    October 8th, 2009 | 9:18 am

    [...] This post was mentioned on Twitter by Adam Sandler and patientsrights. patientsrights said: #PatientsRights: To Heck With Democracy! Let Judges Impose Assisted Suicide … http://ow.ly/15TwdK [...]

    HistoryWriter
    October 8th, 2009 | 12:55 pm

    The state court matters Wesley is ridiculing here have to do with interpretation of some states’ own constitutions. That, as Wesley well knows since he claims to be an attorney, is well within the province of state court jurisdiction. Sadly, the less scrupulous among us have concocted a new term — a balm, actually, to soothe their ruffled feathers when they lose: “judicial activism.” It’s no different from defining “propaganda” as what the other side does and “dissemination of information” as what our side does. What’s truly amazing, however, is the number of people who fall for Wesley’s double-talk.

    safepres
    October 8th, 2009 | 1:36 pm

    oh, please, HW. Go cool off.

    HistoryWriter
    October 8th, 2009 | 4:27 pm

    Oh please, safepres; get an education [deleted material]

    SparcVark
    October 9th, 2009 | 10:06 am

    So if a judge were to decide that the word “suicide” doesn’t mean what it has always meant, and what its basic dictionary definition is, would actually be an issue of the interpretation of the state constitution of Connecticut? Even though there’s no mention of “aid in dying” in the Connecticut constitution and I’m pretty sure it’s not referenced in the Connecticut criminal code?

    Boy, you learn something new every day!

    HistoryWriter
    October 9th, 2009 | 4:56 pm

    The term “suicide” has not been at issue in any of these cases. For example, in Montana the state constitutional question revolved around the meaning of the term “dignity” as used in that document, and whether the guarantee of an individual’s dignity included the right of the terminally ill to “exit” on their own terms.As usual in legal matters, the definitions that are used are statutory — not necessarily those found in a dictionary. For example, “statutory rape.”

    Lee Kuan Yew
    October 10th, 2009 | 6:01 am

    Any state that enshrines a right for citizens to not be tortured should respect a legalised right to assisted death.

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