Earlier this month, a Montana District Court Judge ruled that “terminally ill” patients have a right to assisted suicide under that state’s constitution. Judge Dorothy McCarter dismissed the arguments that this was a legislative matter, and suggested that “terminally ill” and “competent” can be easily defined in terms of figuring out how to implement this “right.”
The Attorney General in Montana has asked Judge McCarter to put her ruling on hold while his office prepares and files a formal appeal to the ruling with the Montana Supreme Court.
Not Dead Yet intends to file an amicus brief in support of the expected appeal of the ruling by Judge McCarter. The legal team working on the brief – so far – is led by Steve Gold, with assistance from Robin Stephens.
We’re working with ADAPT/NDY activists in Montana on this – with Bob Liston and Marsha Katz playing leading roles.
As in the past, an amicus brief from NDY can be expected to present arguments that won’t be covered by other players.
Also, as in the past, we’ll be looking for sign-ons as the brief is readied and the time for filing nears.
More as this story develops. –Stephen Drake
Good luck in your arguments Stephen and thanks for fighting the good fight.
This is one of the more blatant examples of judicial activism. Isn’t is amazing how these “rights” keep appearing in documents even though legislatures and previous courts have never been able to recognize that they were there? I know, it just takes someone “progressive” enough to see them.
Judges like this one do not know the difference between power and authority. A mugger has the power to take my wallet by force. He never has the authority. This judge may have the power to make this ruling but there is nothing in the Montana state constitution (or any of the other 49 states for that matter) that gives her this authority.
So, if I move to Montana, I have a constitutional right to suicide! Whoopee!
Now, when do I get my constitutional rights to things I *really* need? Like not waiting another two years for my Social Security Disability hearing to be scheduled? How about not waiting at all? And not being treated like of course I’m a criminal cheat and a lazybutt? And getting a decent-sized check that covers the rent, groceries, & utilities while we’re at it?
What about a constitutional right to the secure knowledge that i anything should happen (G-d forbid) to my dear employed spouse, I’ll still get enough health care and I won’t have to live on the streets in subzero weather and eat out of frozen garbage cans?
Ah, but if I exercise my sacred right to choose to off my bad self, then no one needs to bother with the above, do they? heaven forbid that I make such demands on behalf of my life, when crips have been so generously offered the right to self-execute.
I can’t wait to sign onto the brief, Stephen.