Home California Court Temporarily Reinstating California’s End of Life Option Act

Court Temporarily Reinstating California’s End of Life Option Act

by ECT

On Friday, a judge ruled that California can once again have available to them the End of Life Options Act on a temporary basis while litigation continues.

The rulings reinstate the law, effective immediately.

The California law gives mentally capable, terminally ill adults with six months or less to live the option to request prescription medication they can decide to take to end unbearable suffering and die peacefully in their sleep.

California Attorney General Xavier Becerra issued the following statement:

“Today the Fourth District Appellate Court granted our request for immediate stay in People ex rel. Xavier Becerra v. Ahn, reinstating California’s End of Life Option Act while litigation is ongoing. This ruling provides some relief to California patients, their families, and doctors who have been living in uncertainty while facing difficult health decisions. Today’s court ruling is an important step to protect and defend the End of Life Option Act for our families across the state.”

In a Press Release by Compassion & Choices, they called it a win and are confident the courts will rule the law constitutional and valid.

“This stay is a huge win for many terminally ill Californians with six months or less to live because it could take years for the courts to resolve this case,” said Kevin Díaz, national director of legal advocacy for Compassion & Choices, whose sister organization, Compassion & Choices Action Network, led the campaign to pass the End of Life Option Act. “Thankfully, this ruling settles the issue for the time being, but we know we have a long fight ahead before we prevail.”

“The appeals court made the legally correct decision by reinstating the status quo of the law being in effect, before the lower court ruling, until the courts resolve this case,” said John Kappos, a partner in the O’Melveny law firm working with Compassion & Choices, which has filed several motions in the case. “Ultimately, we are confident the courts will rule the law is constitutional and valid.”

Last June, Compassion & Choices released a report estimating that 504 Californians have received prescriptions for medical aid in dying since it took effect on June 9, 2016. Last July, the California Department of Public Health released a report showing 191 terminally ill Californians received prescriptions from 173 doctors for aid-in-dying medication during the nearly seven month period from June 9, 2016 until Dec. 31, 2016; 111 of those individuals (58%) decided to self-ingest the medication.

Polling shows 76 percent of Californians across the political and demographic spectrum support medical aid in dying. This majority support includes 82 percent of Democrats, 79 percent of independents, 67 percent of Republicans, 75 percent of whites, Latinos and Asian Americans, and 52 percent of African Americans.


Original Press Release from Sen. Bill Monning in March of 2016

(SACRAMENTO, CA) – On Thursday, the California State Senate adjourned the 2015-16 Second Extraordinary Session and this action allows Assembly Bill (AB) X2 15, End of Life Option legislation co-authored by Senator Bill Monning (D-Carmel), to go into effect on June 9, 2016.

“Now that the Second Extraordinary Session has been adjourned, terminally ill Californians will finally be able to exercise this right in the State of California,” said Senator Monning.  “Californians will no longer have to leave the state, their families and their friends if they choose to exercise the end of life option in their final days of life.  The conclusion of the special session and the implementation of the End of Life Option law allow Californians to determine the quality of life based on their own personal beliefs.”

The End of Life Option Act was originally introduced in January 2015 as Senate Bill (SB) 128, co-authored by Senator Monning and Senator Lois Wolk (D-Davis).  However, the language in SB 128 was placed in AB X2 15 in August 2015.

“While I am very proud of this achievement, the End of Life Option Act would not have been possible without the advocacy of many terminally ill Californians who worked tirelessly for the enactment of this law.  Brittany Maynard, Christy O’Donnell, Jennifer Glass and so many others devoted their final days to the passage of the End of Life Option Act and I want to acknowledge their selfless, courageous efforts.”

Governor Jerry Brown signed ABX2 15 into law in October 2015, writing, “I do not know what I would do if I were dying in prolonged and excruciating pain. I am certain, however, that it would be a comfort to be able to consider the options afforded by this bill.”

Studies demonstrate a large amount of support among all demographics in California for the End of Life Option Act.  According to a study conducted by the Institute of Governmental Studies at UC Berkeley, 76 percent of Californians polled support aid-in-dying medication for terminally ill individuals.

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