Good news from Connecticut – Superior Court Judge Julia Aurigemma has dismissed the case brought by two doctors – with heavy assistance by Compassion & Choices (C&C) – which sought to decriminalize physician-assisted suicide through the courts.
Specifically, C&C, in a bold move, sought to have the court sanction “aid in dying” as a separate entity from “assisted suicide” – and therefore exempt from any laws against assisting in a suicide.
Judge Aurigemma didn’t buy it. In fact, she put the phrase “aid in dying” in quotes – every time she used it – in her long memorandum dismissing the case. I read this as a “hint” that she’s not viewing the term as a legitimate one. Aurigemma also rejected the argument that this kind of policy should be implemented through the courts – it’s exactly the kind of public policy that legislatures should be in charge of.
Here is a description of her analysis from the Hartfort-Courant:
The matter raises public policy concerns that the legislature is “uniquely positioned” to evaluate, Aurigemma wrote. Some of the concerns she listed echoed those raised by advocates for people with disabilities, who sought to intervene in the case, and argued that granting the doctors’ request could be dangerous to people with severe disabilities.
Among the concerns:
•Would physician-assisted suicide threaten the most vulnerable people in society? If so, how could they be protected from pressure or coercion?
•Would it shift doctors’ and insurers’ focus away from treating depression and providing pain control and palliative care?
•Would allowing doctors to help patients die erode patient trust in the doctor’s role as a healer?
•Would it open the door to the possibility of involuntary euthanasia?
“The legislature is the most appropriate body to evaluate these important questions as well as a host of other complex issues,” Aurigemma wrote.
I suspect this won’t be the end of C&C’s efforts in Connecticut. But for now, it’s a real setback for them and a time for a short celebration for those of us who continue to fight these efforts. –Stephen Drake