California's Death With Dignity Law is Declared Unconstitutional

In 2015, California became the fourth state to pass legislation designed to allow terminally ill patients to end their own life under certain prescribed conditions (see this blog, Sept 17, 2015). The law, called the End of Life Option Act, has always been somewhat controversial. And last week, opponents of the law won a battle in court when a Superior court judge declared the law unconstitutional, according to an article in the LA Times.

On what grounds is the law unconstitutional, you might ask? It turns out that the judge's decision had nothing to do with the law itself; his decision was based solely on the fact that the law was passed during a special session of the legislature devoted solely to health care issues. The judge declared that the law was not a health care issue, and so it was unconstitutional to pass it during the special legislative session.

Really? Not a health care issue when a terminally ill patient is in excruciating pain? California's Attorney General has already filed an appeal to the judge's ruling with the 4th District Court of Appeal. He's also asked that the law stay in place while the matter is under appeal.

The matter could end up with the Supreme Court. Or, the law might need to be considered all over again in a regular session of the legislature.