Tuesday, May 29, 2018

No Stay During Appeal of California Aid-in-Dying Law

As we reported last week, a trial court judge in California held that the California physician-aid-in-dying law was invalid.  The state appealed, according to an article in the LA Times.  A subsequent article in the New York Times reports that the appellate court declined a stay of the trial court's ruling pending the appeal,  No Stay of Ruling That Tossed California Assisted-Death Law.  "California's 4th District Court of Appeal refused to grant an immediate stay requested by state Attorney General Xavier Becerra. However, the court gave Becerra and other parties time to "show cause" — that is, provide more arguments as to why the court should grant the stay and suspend the lower court ruling.” Since no injunction was entered, the law still is in effect, as noted in the article. The California AG " argued that the measure was legitimately passed and asked [the appellate court] for quick action so that terminally ill people seeking options under the law wouldn't die "an excruciating, painful death" before the issue is finally decided."

Stay tuned.

http://lawprofessors.typepad.com/elder_law/2018/05/no-stay-during-appeal-of-california-aid-in-dying-law.html

Advance Directives/End-of-Life, Consumer Information, Current Affairs, Health Care/Long Term Care, State Cases, State Statutes/Regulations | Permalink

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