Aid in Dying

Lawmakers push for ‘aid in dying’ in NM

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Michael McCamley liked to plan. It was part of his job in the U.S. Army and according to his son, state Rep. Bill McCamley of Dona Ana County, that instinct to plan for the unexpected extended to family matters, including death. In 2010, doctors diagnosed the retired lieutenant colonel with a rare, terminal disease similar to ALS, or Lou Gehrig’s disease. After discussing it with his family, the elder McCamley decided to fill out an advance directive stating that he was not to be kept alive artificially if and when that time came. “Everyone knew what the situation was and what his decision was,” Rep. McCamley said.

Aid in Dying

NM Supreme Court hears ‘aid in dying’ arguments

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The New Mexico Supreme Court heard oral arguments on whether or not the state should allow some medical patients a right to “aid in dying” on Monday morning. The American Civil Liberties Union of New Mexico, represented by private attorney Laura Schauer Ives, argued in favor of allowing terminally ill patients, who are deemed mentally competent, the right to seek medication from physicians that would end their respective lives. In a written statement from the ACLU-NM, Schauer Ives said a patient’s right to “aid in dying” is “a fundamental right under our state constitution.”

“As we await the court’s final opinion on this issue, our thoughts are with the many New Mexicans living with terminal illness who are watching this case to see if they will have access to aid in dying if or when they need it,” Schauer Ives said. Scott Fuqua, who represented the New Mexico Attorney General’s office, argued that it should be the Legislature, not the courts, who decides whether it is legal for a patient to end their own life in some circumstances. Fuqua told justices the first question the court should address is whether or not it is “a fundamental right” for a terminally ill patient to end his or her life.

Aid in Dying

California latest to say yes to ‘aid-in-dying’

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California Gov. Jerry Brown signed a controversial and high-profile bill allowing the terminally ill to end their own lives, meaning the country’s most populous state will become the next state to allow the practice. Until a few months ago, New Mexico was the fifth such state, but the state Court of Appeals reversed a lower court decision that struck down a decades-old ban on medically assisted suicide. Now, the state Supreme Court is poised to hear oral arguments in the case later this month. The California law goes into effect in 2016; a Supreme Court decision could decide if New Mexico’s constitution requires a right to “aid-in-dying” before then. “I do not know what I would do if I were dying in prolonged and excruciating pain,” Brown wrote in a signing statement.

Health

Right to ‘aid in dying?’ Supreme Court sets oral argument date

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The New Mexico Supreme Court will rule on whether there is a right to “aid in dying” in New Mexico or not. Oral arguments will take place on October 26, in an expedited timeline. Decisions can typically take weeks or months afterward, and ruling from the bench and following up at a later date with a written opinion is extremely unlikely in such a case such as this. The Supreme Court set the date, including earlier dates for briefs and answer briefs to be sent to the court, on Monday. At issue is whether it is legal for physicians to aid terminally ill, mentally capable patients in choosing to end their life.

Aid in Dying

State Supreme Court asked to rule on ‘aid in dying’ case

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The New Mexico Supreme Court could decide once and for all if a law that forbids anyone to assist in ending the life of a terminally ill patient is legal. The American Civil Liberties Union of New Mexico and the Disability Rights Legal Center asked the state’s high court for an expedited review of the case. The move comes just one week after the state Court of Appeals ruled on the case, reversing a District Court decision that said there was a right to “aid in dying” in New Mexico. The writ says the court must decide “one of the most private, intimate decisions made in a lifetime—how we face our own deaths.” The full request is available at the bottom of this post.

Aid in Dying

Court of Appeals reverses district court decision on ‘aid in dying’

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A state appeals court ruled that there is no right to “aid in dying” in New Mexico, reversing a district court decision. The New Mexico Court of Appeals filed the split ruling on Tuesday after oral arguments in January. At issue is whether a 1963 law that makes it a fourth degree felony for  “assisting suicide” is constitutional. “We conclude that aid in dying is not a fundamental liberty interest under the New Mexico Constitution,” the opinion on Morris v. King states. The opinion allows the state to continue enforcing the law against aiding in dying.