6/24/2023 0 Comments Individuated sentienceIn my view the Court made a mistake in not simply affirming the District Court’s constitutional approach had it done so, we would not be fighting SB 210 now. However, the Baxter decision did not recognize this right as one grounded in the Constitution, but, rather, set out a statutory approach, which the supermajority/Freedom Caucus now wants to dismantle and criminalize. and if we’re brave enough to acknowledge it, we can prepare for our approaching death.”įor those suffering from an incurable illness, who expect to die shortly, preparing for approaching death, determining when her or his own mortal existence should come to a dignified and peaceful end, is that person’s final, fundamental right to exercise. This right is guaranteed by and grounded in Montana’s Constitution at Article II, section 10 (right of individual privacy) and Article II, section 4 (right of inviolable human dignity) it is a natural right grounded in the attributes of humanness with which each of us is born it is a right grounded in our ability to make and take responsibility for our own moral decisions it is an elemental part of our individual sentience and consciousness.Īs author Bill McKibben states in his book, Falter, “The pattern of our lives is set by the span we hope to live. These patients do, in my view, and let me repeat, do have an individual constitutional right to end their lives with the aid from their physicians. Know that these are men and women who are enduring the maelstrom of a life-ending illness who are suffering terribly from pain and disability who are not only losing their bodies to their illness, but-and in many cases, worse-their spirits, their dignity and their autonomy, cultivated and treasured over a lifetime. Medical aid in dying has strong public support despite legislative attempts in every session since 2009 to take this right from the dying patient. Indeed, there is not a scintilla of evidence in Montana, or in any other state allowing medical aid in dying, for that matter, that the right of patient to end his or her suffering through medical aid in dying has been abused. State, Montanans suffering from horrible and debilitating life-ending illnesses have successfully sought and have obtained medical aid in dying from various compassionate physicians in this State.īaxter has worked successfully and as intended-and without the parade of horribles predicted by those who would interfere with the patient’s most personal end-of-life decision. SB 210 is the bullet that ends the statutory approach to medical aid in dying set out in the Montana Supreme Court’s 2009 Baxterdecision.ĭespite its detractors, we know that over the intervening 14 years since the Supreme Court’s decision in Baxter v. Once again, the GOP supermajority/Freedom Caucus is taking a run at criminalizing doctors who provide medical aid to a dying patient, enabling that person to end his or her own suffering, and life, with a self-administered medication prescribed by the physician.
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