The Minnesota State House of Representatives and Senate are considering companion End-of-Life Option Act bills, and committee hearings have begun. Since Minnesota is the state that will not permit even discussing end-of-life options among those who might want to decide the timing of their deaths with people who are experienced in how to achieve peaceful deaths on our own terms, it seems surprising that right-to-die (RTD) bills have been introduced in its legislature. Nevertheless, opponents of the RTD are amping up their arguments against such legislation.
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 Part 1 of this series, I addressed ten criticisms of MAID laws, particularly those in Oregon and Washington, though most such laws are modeled largely on Oregon's law. In Part 2, I look at criticisms of MAID laws concerning economic pressures, coercion, depression, inadequate resources for MAID clients, doctor shopping, inadequate Medicaid rules, ableism, and the failure of the drugs prescribed to MAID clients. My hope is that we can learn from opponents of MAID laws how to make the laws better.
With this post, I begin a multi-part series about the views of those who oppose medical-assistance-in-dying (MAID) or have written critically about MAID laws. I think there are some good ideas that we can learn from these critics to help us improve MAID laws, though that is not their intent. They will oppose MAID under any law, no matter how carefully written.
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.