Euthanasia and Assisted Suicide

1. Euthanasia and Assisted Suicide Odyssey: UNIV 300I Fall 2006 California State University, Long Beach

2. Defining “euthanasia” (merciful death) • Taking a human life • Person must be suffering disease or injury from which recovery is hopeless • Action must be deliberate and intentional

3. Euthanasia vs. Assisted Suicide • Who is the ‘agent’? Who does the killing? Who terminates the life? • Euthanasia: A second person is the agent • Assisted suicide: The person whose life is ending is the agent (with some help from another who provides the means)

4. Central issues re: euthanasia • “Personhood” • Definition of “death” • Ordinary vs. extraordinary treatment • Active killing vs. passively allowing to die • Voluntary vs. nonvoluntary euthanasia • Assisted suicide v. euthanasia • Right to refuse treatment • Defective newborns

5. Types of reasoning • Kantian: respect for the dignity of persons • Utilitarian: consideration of results or consequences of actions

6. Arguments against euthanasia • Euthanasia is inherently wrong as it violates the nature and dignity of persons • Euthanasia is wrong from standpoint of self-interest: Death is final and irreversible • Mistaken diagnosis? Mistaken prognosis? • New treatment? Spontaneous remission? • Possibility of euthanasia might make us give up too easily • Pressure of emotional and financial burden on families • Euthanasia in wrong from standpoint of practical effects: • Corrupting influence on medical professionals • Overall decline in quality of medical care • Slippery slope from voluntary to nonvoluntary euthanasia

7. Arguments in support • Right to individual autonomy, dignity, liberty to make our own decisions • Obligation to relieve suffering in others • Assumes proper conditions • Assumes meaningful consent and truly voluntary decision

8. American Medical AssociationHouse of Delegates • Active euthanasia: Mercy killing: intentional termination of the life of one human being by another = contrary to policy of AMA • Passive: cessation of employment of extraordinary means to prolong life when irrefutable evidence that biological death is imminent: decision of patient, family, with advice of physician

9. Governor Bush v. Michael Schiavo (Florida, 2004) • Previous decisions: voluntary euthanasia request by Terri Schiavo • Issue: constitutionality of law passed by Fla legislature giving governor authority to reinsert feed tubes • Holding: law violates separation of powers • Reasoning: basis of our system of government: legislature, executive, judiciary

10. Washington v. Glucksberg (1997) • Issue: Does state law banning assisted suicide violate Federal liberty interest protected by 14th Am. due process clause? • Holding: As liberty interest does not extend to assisted suicide, state law is not unconstitutional • Reasoning: liberty interests are limited to fundamental rights which re objectively, deeply rooted in this Nation’s history and tradition

11. Vacco v. Quill (1997) • Issue: Is it a denial of equal protection if active assisted suicide is banned, while passive refusal of treatment is permitted • Holding: The NY law banning assisted suicide does not violate the constitutional right of equal protection • Reasoning: Difference between “letting die” and “making die” is important, logical, rational, well-established. Thus, there is no equal protection violation to treat them differently under the law.