Updated Analysis of the Initiated Measure

Margaret Dore, Esq.

To view this analysis as a pdf, click the following links containing: an index; a memo; and an appendix, parts one and two.

I. INTRODUCTION

I am an attorney in Washington State where assisted suicide is legal. Our law is based on a similar law in Oregon. Both laws are similar to the initiated measure.

The measure seeks to legalize assisted suicide and euthanasia as those terms are traditionally defined. If enacted, it will apply to people with decades to live; it will encourage elder abuse and financial exploitation, which are already problems in South Dakota. It will allow legal murder.

Don’t make Washington and Oregon’s mistake. I urge you to reject the initiated measure.

Someone Else Is Allowed to Speak (and Write) for the Patient

Yesterday, the Dakota Free Press ran an interesting article about the proposed initiated measure, which seeks to legalize assisted suicide and euthanasia in South Dakota.

The article, however, contains two errors. This is understandable given the measure's deceptive language.

The article says that nothing in the measure authorizes anyone to "speak" for the patient during the lethal dose request process and that "the patient herself must make every request."

The Measure Applies to People With Years or Decades to Live

William Toffler MD

By Margaret Dore, Esq.

The measure applies to people with a “terminal disease,” meaning those predicted to have less than six months to live. Such persons may, in fact, have decades to live. This is true for the following reasons:

A. If South Dakota Follows Oregon's Interpretation of "Terminal Disease," the Measure Will Apply to Young Adults with Insulin Dependent Diabetes

The measure states:

“Terminal disease,” [means] an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within six months.[1]

In Oregon, Other Suicides Have Increased with Legalization of Assisted Suicide

Oregon Coast

By Margaret Dore, Esq., MBA

I.  INTRODUCTION

The initiated measure seeks to legalize physician-assisted suicide in South Dakota. The measure is based on a similar law in Oregon, which was enacted in 1997.[1] Since then, there has been a significant increase in other (conventional) suicides in Oregon. This is consistent with a suicide contagion in which the legalization and promotion of assisted suicide has led to an increase in other suicides. A government report from Oregon states:

The cost of [conventional] suicide is enormous. In 201[2] alone, self-inflicted injury hospitalization charges... exceeded $54 million; and the estimate of total lifetime cost of suicide in Oregon was over $677 million.[2]

Legal Analysis of Initiated Measure

This post has been replaced by the "Updated Analysis of Initiated Measure," posted September 9, 2017, which can be viewed by clicking here.

By Margaret Dore, Esq., MBA

Don't Sign the Petition

For a pdf version to use as a handout, click here. For back up documentation, click here.

• The measure seeks to legalize assisted suicide and euthanasia for people with years or decades to live.

• The measure is sold as completely voluntary, but someone else is allowed to speak for the patient during the lethal dose request process, even a stranger.

• Assisting persons can have their own agendas: an adult child wanting an inheritance; a financial predator seeking financial gain; or a doctor wanting to hide malpractice.