In this third part of a series analyzing the arguments against medical-assistance-in-dying (MAID) by opponents of physician-assistance in hastening a person’s death in the face of a terminal illness, Lamar Hankins looks at a major reference for most MAID opposition articles – a 2008 Michigan Law Review article, “Physician-Assisted Suicide in Oregon: A Medical Perspective,” by psychiatrist Herbert Hendin and neurologist Kathleen Foley. Both oppose what they term “assisted suicide.”
In his 2006 book about death with dignity and the right to die (The Future of Assisted Suicide and Euthanasia), Neil Gorsuch leveled several criticisms, by implication, against Oregon’s Death With Dignity Act (DWDA), a law that deals not at all with assisted suicide or euthanasia. Under the Oregon law, a person desiring a hastened death in the face of terminal illness may take his own life with a lethal prescription drug or drugs, unassisted by another person. Nevertheless, Gorsuch argues that we can’t determine the value of the DWDA for other jurisdictions without knowing how Oregon’s law is working in practice, and he asserts that we don’t have enough information about that.
Oregon’s Death With Dignity Act (DWDA), implemented in 1998, was a monumental step forward in pursuing the primary goal of permitting those suffering from illness or disease to hasten their own death. But its advocates realized that, out of political necessity, it was not a universally applicable law, covering everyone in need. And the DWDA did not assure that all people have excellent medical care to meet their needs, though Oregon did dramatically improve palliative care in the state, diminishing the need for many people to make use of the DWDA.
Five years ago in Massachusetts, the right to autonomy in one’s body went down to defeat in a vote related to irrational fear by some disability rights advocates working through the activist group Not Dead Yet. Their position was that they would be compelled or coerced into ending their own lives if the initiative passed.
