Compassion & Choices Advocacy Bulletin, October 3, 2005

a monthly publication summarizing Compassion & Choices' legal and legislative
activities


October 3, 2005


Volume II, Issue VI
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* * * * The Advocacy Bulletin is a special publication for supporters of Compassion
& Choices. You have received this bulletin because you are a member of Compassion &
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In this issue:
At the Supreme Court October 5th
Our New Chief Justice: John Roberts
California Physician Under Investigation
Status Report: California's Compassionate Choices Act

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What is at stake?
Our movement is about giving each of us some choices in writing the last chapter, to
script an ending which does not rob meaning from the chapters which came before, and
to end life in a way that reflects how we lived life. That is why we support the
passage of legislation and support litigation that enables all Americans to have
choice and control at the end of life.

YOU CAN HELP! Do it today! Visit us at Compassion & Choices
(https://dnbweb1.blackbaud.com/OPXREPHIL/Link.asp?link=56835) to learn more.

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At the Supreme Court October 5th

The morning of Wednesday, October 5th, the United States Supreme Court will hear
oral arguments in Gonzales v. Oregon, the case about the Oregon assisted-dying law.
Compassion & Choices represents terminally ill patients in Oregon, who want to have
the option of assisted dying. Represented by Kathryn Tucker, legal director of
Compassion & Choices, and Nico Van Aelstyn of Heller Ehrman White and McAuliffe,
Oregon patients join the state of Oregon and an Oregon physician in defending the
Oregon law.

The hearing will begin at 10 AM Eastern Time and will last one hour. Please join us
following the hearing for a briefing by attorneys and staff. It's simple. Dial
1-800-270-1433 at 1 o'clock Eastern Time to be placed into the conference call.

We expect heavy media coverage of the hearing. Hear it from us first at the briefing
what happened in court.

Compassion & Choices will host sign-making parties in the DC area on October 4th in
preparation for a rally in front of the Supreme Court the morning of the hearing.
For more information on the briefing or if you would like to join us in person,
please call Summer Goodwin at 503-807-9672.

The New Chief Justice: John Roberts

John Roberts has been confirmed as the new Chief Justice. Research about Judge
Roberts leads us to believe that he might be a good candidate to hear the Gonzales v
Oregon case. He strongly respects state rights and his attention to careful
statutory construction suggest that he will reject the attempt made by former
Attorney General Ashcroft to usurp states' rights and apply a federal statute in a
manner far beyond what its language or intent would permit.

Read an excerpt from an interview with John Roberts reaffirming his belief in
states' rights and federalism:

<<The following is a transcript from a panel discussion John Roberts sat on. Here he
discusses the 1997 Supreme Court term and his thoughts on federalism and
specifically federalism as it relates to end-of-life issues: to view the full
article, click here (https://dnbweb1.blackbaud.com/OPXREPHIL/Link.asp?link=56836)

JOHN ROBERTS, Former Deputy Solicitor General: I do think there's a solid majority
on the court for the proposition that federalism has to be taken seriously; that
states do retain rights under our federal system; and that, for example, as the
sheriffs were saying to the federal government, we want you to do this, we don't
work for you. They work for the states, not for the federal government. That basic
division of authority is designed to protect individual rights. That's one area
where I disagree with Professor Tribe. I think by enforcing these structural
limitations, states have their powers and rights. The federal government is limited.
The end objective, as the framers intended, is to protect individual rights.

MARGARET WARNER: Wouldn't you say also that in the physician-assisted suicide they
were acknowledging their own limitations--

JOHN ROBERTS: Well, they were acknowledging their limitations, but I think it's
important not to have too narrow a view of protecting personal rights. The right
that was protected in the assisted suicide case was the right of the people through
their legislatures to articulate their own views on the policies that should apply
in those cases of terminating life and not to have the court interfering in those
policy decisions. That's an important right as well. >>
It appears that Justice O'Connor will also be on the bench hearing argument on
October 5th, as no successor has been confirmed for her seat and she has agreed to
remain an active Justice until that occurs.

To learn more about Gonzales v Oregon and to read the briefs of the parties as well
as the amicus briefs (friend of the court briefs) filed for this case, go to
Compassion & Choices (https://dnbweb1.blackbaud.com/OPXREPHIL/Link.asp?link=56837)
and click on the link to the Gonzales v. Oregon page.
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California Physician Under Investigation

In September 2002, Morris E. was admitted to Redlands Community Hospital from a
local nursing home because he was suffering from kidney and heart failure,
emphysema, nerve damage and pneumonia. He didn't have long to live. Dr. Luke, the
treating physician, provided his patient with good comfort care. Shortly after
increasing the patient's morphine drip, meant to alleviate the patient's
breathlessness, the patient died.

Dr. Luke has since endured investigation and disciplinary proceedings. The Medical
Board of California investigated and decided to revoke Dr. Luke's license under the
suspicion that he intentionally tried to cause the death of his patient. Facing
mounting concern among the state's palliative care providers, the board has stayed
its action temporarily. Compassion & Choices Legal Office took the lead on forming
a coalition of leading patient advocacy groups and palliative care organizations and
experts concerned about pain management and palliative care to file an amicus brief
supporting a request for reconsideration of the medical board's proposed license
revocation. The request for reconsideration has been granted and we are hopeful the
Board will enter a less draconian corrective action.

Experts have testified that Dr. Luke's care met modern standards of treatment for
distress in a dying patient, and the patient's family was satisfied with the
treatment Dr. Luke provided.

The amount of medication needed to ease suffering of a dying patient may have the
unintended consequence of hastening the time of death. The duty to relieve suffering
in this setting is well-established in law, medicine, and ethics. Dr. Luke's
compassionate treatment should be applauded, not punished. To second-guess this
physician's intention and revoke his license would put a state-wide chill on pain
care for dying patients.

What constitutes a good death? A patient who suffers till their last laboring
breath or a patient who avails himself of all comfort care treatment to make their
last moments livable?

Compassion & Choices Legal Director, Kathryn Tucker, will address the Citizen
Advocacy Center, which is comprised of board members and staff of all 50 state
medical boards, at its annual meeting in November to discuss the case.

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Status Report: California Compassionate Choices Act

We are continuing to build support in the community for AB 651 and expect activity
and attention for the bill as early as January 2006.

In preparation for that time, we have added many California physicians to the
Physicians for Compassionate Choices group. This will be ongoing recruitment, with
thousands of doctors being contacted and educated about this bill and its benefits.
Many of our lead physicians are participating in local visits with legislators and
communications with other local leaders.

Media surrounding AB 651 has been slim in recent weeks because of the focus on the
Supreme Court case; however, we do anticipate stronger media coverage for AB 651
before the legislative session begins.

Focus groups conducted in August ascertained effective terminology and
specifications for this legislation. The results showed campaigners how to shape the
campaign and what pieces of the legislation must be better articulated.

We are proud to have the support necessary to continue our work and commitment to
educate California's Assembly members and Senators.

We are still in need of personal stories. If you live in California and have a
story that you would like to share with your Assembly member or Senator, please call
Rachael at 800-247-7421. Or visit us at Compassion & Choices
(https://dnbweb1.blackbaud.com/OPXREPHIL/Link.asp?link=56838) to email your story to
us.

To find information about California's Compassionate Choices Act, visit:
Compassionate Choices Act Homepage
(https://dnbweb1.blackbaud.com/OPXREPHIL/Link.asp?link=56839) .

To support the CA Campaign visit:
Support Compassionate Choices Act
(https://dnbweb1.blackbaud.com/OPXREPHIL/Link.asp?link=56840)

THANK YOU FOR ALL YOUR SUPPORT!
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Advocacy for Accountability: What Compassion & Choices Offers

Compassion & Choices provides both a clinical and legal review in any case where it
is believed that the pain management provided to a terminally ill patient was
inadequate, or in which a patient's end-of-life wishes were ignored. Where our
expert clinical reviews conclude that the pain care was inadequate, or an advance
directive ignored, we provide legal advice on possible avenues for redress,
including filing complaints with medical boards, nursing boards and regulatory
agencies, and in court as civil actions.

Current cases are under review in a number of states ranging from Florida to
California. These cases offer platforms for public and professional education about
the importance of attentive, responsive pain management, and the need to respect
patient wishes. These cases improve the system for everyone. The media interest and
public dialogue they generate galvanize policy makers to promote effective reform
and serve as a catalyst for legislative efforts.

For more information please call 800-247-7421.

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What is happening in your state?
Have you read in the newspaper today about legislation affecting choice and care at
the end of life? Let Compassion & Choices know about it!
Call us at 800-247-7421 or email us at: Legislative Affairs
(mailto:legislativeaffairs [at] compassionandchoices.org)

Do you want to find bills being introduced in your state?
You can see all the legislation in your state, send messages, and find your
legislators and local media, and more! Visit Compassion & Choices Action Site
(https://dnbweb1.blackbaud.com/OPXREPHIL/Link.asp?link=56842)

Do you want to find out how your congressman is voting? GET WEEKLY UPDATES
Visit Compassion & Choices Action Site
(https://dnbweb1.blackbaud.com/OPXREPHIL/Link.asp?link=56843) and sign up for
MegaVote.

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This is a Compassion & Choices publication, distributed by legislative affairs
department. This document is the work product of Compassion & Choices. Any use of
this material must credit its source as Compassion & Choices, P.O. Box 101810,
Denver, CO 80250-1810, phone: 800-247-7421, mailto:
legislativeaffairs [at] compassionandchoices.org
(mailto:legislativeaffairs [at] compassionandchoices.org) .


Compassion & Choices is a nonprofit organization working to improving care and
expand choice at the end of life. As a national organization with over 60 chapters
and 30,000 members, we help patients and their loved ones face the end of life with
calm facts and choices of action during a difficult time. We also aggressively
pursue legal reform to promote pain care, put teeth in advance directives and
legalize physician assisted dying.
Compassion & Choices maintains offices in Denver, Colorado and Portland, Oregon. For
more information, please call 800-247-7421 or visit Compassion & Choices
(https://dnbweb1.blackbaud.com/OPXREPHIL/Link.asp?link=56845)

© 2005 Compassion & Choices
PO Box 101810 | Denver CO 80250 | 800.247.7421
http://www.compassionandchoices.org