This special guest blog post is offered by Ashli Carroll, current Family Law student at Regent Law:
Recently, New Jersey became the ninth state in the US to endorse assisted suicide by allowing terminally ill patients to obtain a lethal prescription to hasten their death. In an age where Americans demand greater autonomy and privacy rights, the issue of whether a person has a right to die on his or her own terms through assisted or physician-assisted suicide has become heavily debated. In Cruzan v. Director, MO Dept. of Health, 497 U.S. 291 (1990), through a substantive due process claim, the Supreme Court of the United States recognized that a competent individual has a right to refuse or withdraw from life-saving medical treatment, even if it will hasten death, as long as those wishes were express. However, the Court stressed that the right to refuse medical treatment does not create a constitutionally protected right to die. The Supreme Court took issue with assisted suicide yet again when, on an Equal Protection claim, the Court held that individuals attempting to hasten their death through suicide, assisted suicide, or physician-assisted suicide are not similarly situated as individuals hastening death by refusing unwanted medical treatment, thereby again emphasizing that assisted suicide is not a constitutionally protected right. Vacco v. Quill, 521 U.S. 793 (1997).
Despite these Supreme Court rulings, states are enacting a Death with Dignity Act, which allows a qualified terminally-ill adult to hasten his or her death by requesting and consuming a lethal prescription medication. The process of becoming qualified is rather rigorous but obtainable. The patient must: receive a terminal diagnosis, confirm that terminal diagnosis by a specialist, undergo a psychiatric evaluation, notify family members of the patient's intent to obtain and consume a lethal prescription, and abide by the fifteen-day waiting period before filling the lethal prescription at a participating pharmacy. Currently, California, Colorado, District of Columbia, Hawaii, New Jersey, Oregon, Vermont, and Washington have enacted the Death with Dignity Act, thus giving their residents access to assisted suicide. Montana recognizes the concept of death with dignity, through case law when the Montana Supreme Court held that nothing in that state's law prohibited a physician from prescribing a lethal dose of medication to a consenting, terminally-ill patient. Baxter v. State, 354 Mont. 234 (2009). Assisted suicide is gaining momentum across the country as other states are considering endorsement through enacting legislation. In the most recent legislative session, Virginia considered the Death with Dignity Act for the first time. On January 14, 2019, Virginia State Delegate Kaye Kory introduced HB 2713, Death with Dignity Act, however the bill failed in committee. To discuss whether hastening one's death through a lethal prescription is dying with dignity, I hope to offer a unique perspective about life—how one began, and how one ended.
Granddaddy was a the most beautiful soul I have ever met. He was my first best friend—my sanctuary and calm. Shortly before learning that I was pregnant with my second child, my Granddaddy received a terminal diagnosis and Hospice care entered his home. We were warned that our time with him was short. Although I enjoyed the pregnancy, by thirty-two weeks in, I was weary from the fear that my son would not be born in time to meet his Granddaddy. As I was counting down the weeks until my son would come, I watched Granddaddy's condition rapidly decline. He was in physical pain and in mental anguish at the thought of dying, but he bravely embraced this transition and refused to go before meeting his new grandson.
It was a difficult several months, to say the least, but Jaxon was born the morning of May 6, 2010. Two days later, we left the hospital and were on our way to Granddaddy's house for the long-anticipated meeting. Granddaddy, in his favorite blue pajamas and wearing his iconic rose-colored glasses, was anxiously waiting by the door. I placed Jaxon in Granddaddy's arms, and witnessed a precious moment that I will cherish forever. Granddaddy's face beamed with love and pride. Granddaddy and Jaxon enjoyed two months together. On the evening of July 3, 2010, Granddaddy took his last breath. Although grieving, the family was at peace knowing that Granddaddy had lived his life on his terms, guided by his faith in Jesus Christ, was cared for in his death, and held on to meet his grandson.
It was God-orchestrated that at a time when our family was grieving the impending loss of our beloved Patriarch, this surprise baby boy came along. Watching my Granddaddy's body give way to death while watching my newborn son adjust to life gave me a unique opportunity to observe how precious and sacred life is. Life is to be preserved and protected –not cut short in the name of privacy rights. Perhaps the dignity of dying is the sight of loved ones rallying together in a show of love and support. It is the good days where one's life is celebrated and appreciated by old friends stopping by for a visit. And maybe it is an eighty-six-year-old man holding on to meet his grandson.
Dying with dignity is not a lethal prescription cutting off the good days still to be had; rather, it is courageously persevering through a terminal illness to meet a new grandson while being surrounded by love and family.
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