Proposed Delaware Act (HB 140) Is Unconstitutional

By Margaret K. Dore, Esq.

Delaware's Constitution has two rules to determine the constitutionality
of a legislative enactment:  (1) the single subject rule; and (2) the object in title rule. In order for a legislative enactment to be constitutional, there must be compliance with both rules. 

Here, the proposed Act’s title is: “The Ron Silverio/Heather Block End of Life Options Law." The title thereby implies that the Act is "optional," meaning "left to one's choice." 

On close examination, however, the Act has no enforcement mechanism to ensure that the Act is voluntary. Involuntary and non-voluntary death are allowed via the Act. 

The Act, as proposed, is unconstitutional. The Act cannot be legally enacted via its present title.

Legal Memorandum: Euthanasia Act Must Be Rejected

By Margaret Dore, Esq.

 I. INTRODUCTION

The Act, HB 140, seeks to amend Title 16 of the Delaware Code, to thereby create Chapter 25B “Relating to End of Life Options.” If enacted, the Act will legalize physician-assisted suicide and euthanasia as those terms are traditionally defined. This will be on both a voluntary and involuntary basis. The Act terms these practices medical aid in dying.

Aid in dying has been a euphemism for physician-assisted suicide and euthanasia since at least 1992.[1] The proposed Act is based on similar acts in Oregon and Washington State. Oregon’s Death with Dignity Act went into effect in 1997. Washington’s nearly identical act went into effect in 2009.  

All three acts apply to persons with a six month or less life expectancy. Such persons may in fact have years or decades to live. A well known example is Jeanette Hall. In 2000, she made a settled decision to use Oregon’s act. Her doctor convinced her to be treated for cancer instead, such that she is alive today, twenty-two years later.

Seemingly Dead Euthanasia Bill Could Start to Move

By Margaret Dore, Esq., MBA

Alex Schadenberg
Donna Latteri

HB 140, while it failed to pass in the 2019 legislative session or even come to a vote, is still alive due to Delaware's having a two year legislative cycle.

Per Alex Schadenberg, Executive Director of the Euthanasia Prevention Coalition, the seemingly dead bill could start moving in the 2020 session. He's right.

Euthanasia Bill Fails to Move

Bess McAneny
testifying against bill

HB 140 is dead for now. The bill had sought to legalize medical "aid in dying," which is a euphemism for active euthanasia.

After a hearing before the House Health & Human Development Committee, the main sponsor, Paul Baumbach, requested that the committee forgo holding a vote.

No vote was taken.

Margaret Dore

Dore Letter Opposing HB 160

I am an elder law and guardianship attorney in Washington State where assisted suicide is legal.  Like HB 160, our law is modeled on a similar law in Oregon. I urge you to not make our mistake. 

I have three points:

Death Certificate Falsification Requires Defeat of HB 160

Kirk Allison, PhD, MS

Dear Legislators:

I directed the Program in Human Rights and Health at the University of Minnesota School of Public Health from 2006-2016 and am a past chair of the American Public Health Association's Ethics Special Primary Interest Group (now Ethics Section).

While working on my dissertation I was a visiting preceptor (research rotation) at the Hennepin County (Minnesota) Medical Examiner's Office. It was greatly impressed upon me the need for scientific accuracy in the medico-legal documentations of death.

Compassion & Choices Is a Successor Organization to the Hemlock Society

Theresa Schrempp

Dear Editor:

I am a lawyer in Washington State where assisted-suicide is legal. 

Your readers should know that Compassion & Choices is a successor organization to the Hemlock Society, originally formed by Derek Humphry. In 2011, Humphry was the keynote speaker at Compassion & Choices’ annual meeting here in Washington State. In 2011, he was also in the news as a promoter of mail-order suicide kits from a company now shut down by the FBI. This was after a 29 year old man used one of the kits to commit suicide.