The Montana Legal Decision
Media Release -- December 31, 2009
Baxter v. Montana:
Assisted-Suicide Lobby Group does not get What it Wanted: The
Montana Supreme Court Denies Constitutional
Right to "Aid-in-Dying"
Today, the Supreme Court of Montana issued
a split decision in which it denied victory to Compassion & Choices on its
quest for a right to "aid in dying" based on the Montana State Constitution.
"Aid in dying" is more commonly known as physician-assisted suicide.
The Supreme Court instead focused on issues of statutory construction to
determine that Montana state law has no public policy against "aid in dying"
because the final death causing act lies in the patient's hands.
This holding ignores the practical realities
of ensuring patient safety from over-eager heirs, new "best friends" and
others who might benefit from the patient's death. For example, physicians
who malpractice and who want to hide their mistakes can now say: "It was
what the patient wanted." The evidence against the physician dies with the
patient. If the patient has no family or other advocate, who will know?
A bright spot in the decision is that it does not give physicians the
"right" to prescribe a lethal dose, but only suggests that circumstances may
exist to give them a defense to prosecution for homicide.
The Euthanasia Prevention Coalition is hopeful that Montana 's
legislature will now take the lead to protect its citizens in the next
legislative session.
Contact: Alex Schadenberg, executive director
1-877-439-3348 or euthanasiaprevention@on.aibn.com
Produced by the Euthanasia Prevention Coalition, Box 25033, London ON N6C 6A8
Tel: 1-877-439-3348, Email: info@epcc.ca