In a separate motion, they argued that medical aid in dying was not related to the stated goal of the special legislative session that passed the act, explained Alexandra Snyder, executive director of the Life Legal Defense Foundation.
"If this isn't Californians' health care, I don't know what is", said Eggman, a former social worker at hospices, who disputes Ottolia's conclusion that her bill should not have been considered during the special session.
"Under the Act, "terminal illness" includes any condition that, if left untreated, would cause death within six months". And with the likely appeal from the state attorney general, his fight for California's medicine aid in dying legislation is not over. Life Legal Defense Foundation attorneys who represent the American Academy of Medical Ethics, (www.ethicalhealthcare.org) CMDA's state public policy arm, in the lawsuit appeared in court yesterday to argue that the Act is not related or even incidental to the stated goal of the special session.
While the ruling by a Riverside County Superior Court judge was tentative, giving California's attorney general five days to appeal, it was hailed by opponents as a victory for terminally ill patients.
A judge ruled Tuesday that California's physician-assisted suicide law was impermissibly ratified during a special session convened to address Medicaid funding shortfalls.
Matt Valliere, executive director of the New York-based Patients Rights Action Fund, applauded the ruling. Ultimately, we are confident an appeals court will rule the legislature duly passed the End of Life Option Act and reinstate this perfectly valid law, which the strong majority of Californians support..
California is one of seven statesthe others being Colorado, Montana, Oregon, Vermont, Washington, and Hawaiias well as the District of Columbia, that have enacted laws authorizing assisted suicide.
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"State-sanctioned suicide sends the message that some lives are not worth living", LLDF said in a statement. "Brittany was simply saying, 'I will not die that way, and I shouldn't be forced to, '" he said. "And dying people can't be placed on hold".
"I pray the attorney general successfully appeals this decision, so hundreds of terminally ill Californians like me don't have to suffer needlessly at life's end", he said.
The mission of Life Legal is to give innocent and helpless human beings of any age, particularly unborn children, a trained and committed defense against the threat of death, and to support their advocates in the nation's courtrooms. Lawyers for both sides said Ottolia expressed similar views at Tuesday's hearing.
"We are certain that the ruling will be sent to the Appellate court, but we are fairly certain that the ruling will stand!"
"While a temporary win, we should be thankful anytime our system of checks and balances counteracts the culture of death", said Andrew Walker, director of policy studies for the Southern Baptist Ethics & Religious Liberty Commission.
"The crux of the matter is whether the state of California should continue to make it a crime for a dying person to end his life, no matter how great his pain or suffering", Brown wrote in the letter. "And I wouldn't deny that right to others", he ended after discussing his process in coming to the decision.