X-Message-Number: 6297
Date: Fri, 31 May 1996 19:36:46 -0700
From: David Brandt-Erichsen <>
Subject: 2nd Circuit ruling also on hold

The 2nd Circuit Court ruling, which had legalized physician-assisted suicide
for competent adult patients in the final stages of terminal illness in NY,
CT, and VT, has been stayed as of May 20 (two days after the previous 30-day
stay had expired).  It now appears that both the 9th and 2nd Circuit rulings
will remain stayed until the Supreme Court either refuses to consider the
appeal or makes a final ruling (which could take a year and a half or more).
The legal team for Compassion in Dying will make an attempt to have both
appeals thrown out.

Meanwhile, the Oregon Death with Dignity Act is still on hold as well.  It
is still on appeal to the 9th Circuit but no hearing date has yet been set,
so this will take many more months.  There was a hearing before District
Judge Michael Hogan on April 24, asking him to lift the injunction blocking
the Act, but he has not yet issued a decision.  The fact that the 9th
Circuit ruling is stayed makes it less likely that Judge Hogan will lift the
injunction.  This case may also eventually work its way to the Supreme
Court.  Of the three cases, this one has the best chance of winning.  A
fourth case has been filed in a Florida District Court, but no hearing date
has been set as yet.

During the two months that the 9th Circuit ruling was in effect, and the 18
days that the 2nd Circuit ruling was in effect, no cases of
physician-assisted suicide were reported.

 <David Brandt-Erichsen>


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