CA Court Rejects Group ’s Motion to Vacate Its Ruling Voiding Medical Aid-in-Dying Law Court to Hold Hearing on June 29 to Consider Separate Vacate Motion by Attorney General
A Riverside Superior Court rejected a motion filed
by Compassion & Choices on behalf of a physician and two terminally ill adults urging
the judge to “vacate” (i.e., cancel) his judgment last week invalidating the End of Life
Option Act.
However, the court judge, Daniel A. Ottolia, scheduled a hearing on
June 29 to
consider a separate motion by California Attorney General Xavier Becerra to
vacate the judgment.
Similar to laws
in six other states and Washington, D.C., the California law gives mentally
capable, terminally ill adults with six months or less to live the option to
request prescription medication they can decide to take to end unbearable
suffering and die peacefully in their sleep.
The attorney
general’s motion
asks the court to vacate the judgment because it: ”...purports
to enjoin the ‘State of California’ even though there are no allegations in Plaintiffs’
complaint concerning
the ‘State of California’ as a subject of injunctive relief.” The motion also
asks the court to vacate the judgment because “the Department of Public Health
and the Attorney General of the State of California were deprived of their
right to file objections to the Proposed Judgment prepared by Plaintiffs in
this case before the judgment was entered.”
“We are deeply
disappointed that the court ruled against us, but we thank Attorney General
Becerra for defending the law,” said Kevin Díaz, nati...
Source: blog.bioethics.net - Category: Medical Ethics Authors: Thaddeus Mason Pope, JD, PhD Tags: Health Care syndicated Source Type: blogs
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