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Montana bill seeks to charge doctors assisting in suicides
Attorney News |
2021/03/01 11:39
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The Montana Senate is considering a bill that would make it illegal for doctors to help terminal patients take their own life.
The bill heard by the Senate Judiciary Committee on Friday would open doctors up to possible homicide charges if they prescribe a lethal dose of medication at the request of their patients.
A 2009 state Supreme Court decision protects doctors from prosecution for the practice, though it is not explicitly allowed in state law.
Supporters of the bill said that allowing physician-assisted death would send the wrong message to those considering suicide in the state. Montana has one of the highest suicide rates in the U.S.
“Once allowed this is a severely slippery slope,” said bill sponsor Republican Sen. Carl Glimm. “We need to show in every way we can that suicide is wrong.”
Opponents of the bill made clear that medically assisted death is not related to the state’s suicide rate. The practice is only available to those suffering from terminal disease.
“Medical aid in dying is not suicide. These patients are not depressed ? they are dying. There is a very big difference,” said Dr. Colette Kirchhoff, a hospice and palliative care physician from Bozeman. “It’s a way to alleviate suffering.”
Leslie Mutchler, the daughter of Robert Baxter, the plaintiff in the Montana Supreme Court case that allowed the practice, testified in opposition to the bill. Her son chose physician assistance to end his life in 2016 after being diagnosed with terminal pancreatic cancer.
“He gained so much peace of mind when he was able to obtain the life-ending medication from a physician,” Mutchler said. “It’s not suicide. It’s a life that is already ending. It is just a way to hasten it.”
Several states allow physician-assisted suicide, including California, Colorado, Hawaii, Maine, New Jersey, Oregon, Vermont and Washington.
Similar measures to criminalize physicians for the practice have faltered in Montana in every legislative session in the past decade ? when the bills have died before reaching the governor’s desk.
This year, the bill may find a more favorable fate with the support of the administration of Gov. Greg Gianforte, the state’s first Republican governor in 16 years. Lt. Gov. Kristen Juras testified in favor of the bill on Friday, saying the governor supports the measure.
Juras said two of her grandchildren are diagnosed with cystic fibrosis, a disease that causes persistent lung infections and over time reduces lung capacity.
“We are committed to walking with them through the hard days. I do not want you to send them the message when they have a tough day that suicide is an acceptable option,” she said. |
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Michigan court blocks 2-week absentee ballot extension
Attorney News |
2020/10/20 09:51
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Absentee ballots must arrive by Election Day to be counted, the Michigan Court of Appeals said Friday, blocking a 14-day extension that had been ordered by a lower court and embraced by key Democratic officials in a battleground state. Any changes must rest with the Legislature, not the judiciary, the Republican-appointed appeals court judges said in a 3-0 opinion.
Absentee ballot extensions in Wisconsin and Indiana have also been overturned by higher courts. Michigan’s ability to handle a flood of ballots will be closely watched in a state that was narrowly won by President Donald Trump in 2016. Secretary of State Jocelyn Benson last week said 2.7 million people had requested absentee ballots, a result of a change in law that makes them available to any voter.
Michigan law says absentee ballots must be turned in by 8 p.m. on Election Day to be valid. But Court of Claims Judge Cynthia Stephens had ordered that any ballots postmarked by Nov. 2 could be counted if they arrived within two weeks after the Nov. 3 election.
Stephens said there was “unrefuted evidence” about mail delivery problems because of the coronavirus pandemic. She said more than 6,400 ballots arrived too late to be counted in the August primary. The appeals court, however, said the pandemic and any delivery woes “are not attributable to the state.”
“Although those factors may complicate plaintiffs’ voting process, they do not automatically amount to a loss of the right to vote absentee,” the court said, noting that hundreds of special boxes have been set up across Michigan. The court also reversed another portion of Stephens’ decision, which would have allowed a non-family member to deliver a completed ballot in the final days before the election if a voter consented.
“The constitution is not suspended or transformed even in times of a pandemic, and judges do not somehow become authorized in a pandemic to rewrite statutes or to displace the decisions made by the policymaking branches of government,” Judge Mark Boonstra said in a separate, 10-page concurring opinion.
Benson and Michigan Attorney General Dana Nessel, both Democrats, had declined to appeal Stephens’ rulings, leaving it to the Republican-controlled Legislature to intervene. |
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Court OK’s $800M settlement for MGM Resorts, Vegas victims
Attorney News |
2020/10/01 09:22
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A court on Wednesday approved a settlement totaling $800 million from casino company MGM Resorts International and its insurers to more than 4,400 relatives and victims of the Las Vegas Strip shooting that was the deadliest in recent U.S. history. The action makes final a deal settling dozens of lawsuits on the eve of the third anniversary of the mass shooting that killed 58 people and injured more than 850 at an open-air concert near the Mandalay Bay resort.
“By the grace of God, myself and my family are going to be OK,” said Stephanie Fraser, a plaintiff in the lawsuit from La Palma, California. “I needed to be able to protect our kids.” Clark County District Court Judge Linda Bell, in her brief order, cited “near-unanimous participation in the settlement among potential claimants.” Authorities said more than 22,000 people were attending an outdoor music festival when a gunman firing military-style weapons from windows on the 32nd floor of the Mandalay Bay rained rapid-fire bullets into the crowd. Fraser’s husband of 13 years, Brian Fraser, a vice president at a mortgage company, died after being shot in the chest as they danced while country music singer Jason Aldean performed.
“Brian is missed beyond words by all of us — all of our family and all of our friends,” Stephanie Fraser told The Associated Press. The couple had four children and stepchildren. She and her attorney, Dan Robinson, declined to say how much they’ll receive in the settlement. “With this coming to an end, it brings closure and allows us to put pieces back together,” Fraser said. “Brian would want that for us.” MGM Resorts, owner of the hotel and the concert venue, acknowledged no liability. It will pay $49 million, while its insurance companies will pay $751 million.
“We are grateful that the decision brings families, victims and the community closer to closure,” the company said in a statement. It noted the anniversary of the Oct. 1, 2017, event, calling it “a time of great sadness and reflection.” Memorial ceremonies are scheduled Thursday at several venues in Las Vegas, including a reading of the names of the slain beginning at 10:05 p.m. — the time the first shots rang out. Attorney Robert Eglet, the plaintiffs’ lawyer who spent a year arranging the settlement with clients, legal firms and attorneys in at least 10 states, said the amounts to be disbursed will be determined by two retired judges and he’s hopeful that payments will begin going out by the end of the year.
“There’ve been no objections and we expect no appeals,” Eglet told The Associated Press. “We’ll send out notices of the order. After 30 days the $800 million will be deposited.” The case will be dismissed at that time, he added. “Our firm and the other leadership firms hope it helps victims and their families find some sense of closure and healing,” said Mark Robinson Jr., a California attorney representing Fraser and more than one-third of the shooting victims.
Eglet previously said that everyone involved “recognized there are no winners in long, drawn-out litigation with multiple trials where people and the community are reliving the event every time we try a case.” A line-by-line list of victims, identified by their initials only, runs for more than 170 pages of a 225-page civil complaint filed Sept. 9 seeking compensation and punitive damages from MGM Resorts. It accused the casino company of negligence, wrongful death and liability in the 2017 shooting.
Plaintiffs came from nearly every state in the U.S., at least eight Canadian provinces, the United Kingdom, Iran and Ireland. In various lawsuits, victims and families accused MGM Resorts of failing to protect people at the concert venue or stop the shooter from amassing an arsenal of weapons and ammunition over several days before he opened fire.
Millions of dollars could go to the most severely and permanently injured, Eglet said, depending on factors including age, number of dependents, type of injuries, previous and future medical treatment, and ability to work. A minimum $5,000 would go to each person who filed a claim for unseen injuries and did not seek medical attention or therapy. Court filings in the case don’t mention the gunman, Stephen Paddock, who killed himself before police closed in. Las Vegas police and the FBI determined the 64-year-old retired accountant and high-stakes poker player meticulously planned the attack and acted alone. They theorized he may have sought notoriety, but said they never determined a clear motive for the attack.
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Ginsburg makes history at Capitol amid replacement turmoil
Attorney News |
2020/09/27 09:42
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Supreme Court Justice Ruth Bader Ginsburg lay in state Friday at the U.S. Capitol as the first woman ever so honored, making history again as she had throughout her extraordinary life while an intensifying election-year battle swirled over her replacement.
The flag-draped casket of Ginsburg, who died last week at 87, drew members of Congress, top military officials, friends and family, some with children in tow, to the Capitol’s grand Statuary Hall, paying respect to the cultural icon who changed American law and perceptions of women’s power.
Democratic presidential nominee Joe Biden and his wife, Jill, joined other invited guests. His vice presidential running mate, Sen. Kamala Harris said that “RBG,” as she is known by many, cleared a path for women like her in civic life.
“She, first of all, made America see what leadership looks like -- in the law, in terms of public service -- and she broke so many barriers,” Harris told reporters at the Capitol. “And I know that she did it intentionally knowing that people like me could follow.”
Biden, who was chairman of the Senate Judiciary Committee when Ginsburg was confirmed 27 years ago this month, said he was brought back to when he met her back then. “Wonderful memories,” he said.
Mourners gathered to honor Ginsburg under coronavirus distancing restrictions with the nation in political turmoil.
President Donald Trump is to announce a conservative nominee to replace her on Saturday, just weeks before the election. White House officials have indicated to congressional Republicans and outside allies that the nominee will be Indiana’s Amy Coney Barrett but are maintaining a semblance of suspense to let Trump announce her.
His third justice, if confirmed, would be sure to move the court rightward on health care, abortion and other pivotal issues. A Senate confirmation vote would be expected in late October.
House Speaker Nancy Pelosi said it was with “profound sorrow” that she welcomed Ginsburg and opened the private service.
She and Senate Democratic leader Chuck Schumer stood under gray skies as Ginsburg’s casket made the short procession from the court’s steps where it had been on public view for several days to the East Front of the Capitol.
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Gay marriages rise 5 years after Supreme Court ruling
Attorney News |
2020/09/18 15:57
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Five years after the U.S. Supreme Court legalized same-sex marriages around the U.S., more than a half million households are made up of married same-sex couples, according to figures the U.S. Census Bureau released Thursday.
Since 2014, the year before the U.S. Supreme Court legalized same sex marriages, the number of married same-sex households has increased by almost 70%, rising to 568,110 couples in 2019, according to the Census Bureau’s American Community Survey.
Of the 980,000 same-sex couple households reported in 2019, 58% were married couples and 42% were unmarried partners, the survey showed.
There were slightly more female couple households than male couple households.
“Opponents of marriage equality frequently argued that same-sex couples really weren’t all that interested in marriage. But the large increase in marriages among same-sex couples since marriage equality became legal nationwide offers evidence of the clear desire for marriage among same-sex couples,” said Gary Gates, a demographer specializing in LGBT issues.
The survey revealed noticeable economic differences between male couples and female couples, as well as same-sex couples and opposite-sex couples.
Same-sex married couples had a higher median income than opposite-sex married couples, $107,210 compared to $96,932. In same-sex marriages, though, male couples earned more than female couples, $123,646 versus $87,690.
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