The Hemlock Society USA

CHRONOLOGY OF EVENTS ATTEMPTING TO BLOCK MEASURE 16 AND ITS PASSAGE

Nov. 10th
Catholic-run institutions declare their intention to conscientiously object to Measure 16.

Nov. 14th
U.S. Bishops Conferences declares that euthanasia and assisted suicide must never be allowed at the 1,200 Catholic hospitals and other facilities that make up the nation's largest private health care system in the U.S.

Nov. 23rd
Injunction is filed in U.S. District Court (Eugene) saying the law violates the Equal Protection Clause and the Due Process Clause of the U.S. Constitution, the Americans with Disabilities Act and the Religious Freedom Restoration Act. Injunction seeks a court order to stop the law from going into effect pending court action on whether it is constitutional. Says law:

Will encourage physicians to recommend suicide for patients who can't pay or whose care will pose a burden on the health care system.
Has inadequate safeguards for disabled or terminally ill patients who might want to kill themselves because of depression.
Forces owners of nursing homes to permit suicide in their facilities even though they have religious objections to the practice.
Falls afoul of the constitutional guarantees of due process. According to the lawsuit, those guarantees come into play whenever the state approves the taking of a human life - whether in the execution of criminals or in physician-assisted death.
Unfairly singles out terminally ill or disabled patients.

National and state Right to Life organizations are providing legal and financial backing. James Bopp, Jr. of Terra Haute, Indiana, chief attorney for National Right to Life, is providing the expertise for the legal attack. Bopp is a nationally known opponent of assisted suicide and brought similar court cases in Washington, California and Michigan.

Plaintiffs in the case are two oncologists, three patients (one who is disabled), and two nursing home owners.

Nov. 30th
Federal judge sets a hearing for Dec. 19th in Eugene to decide whether to block implementation of Measure 16 pending court action on whether it is constitutional.

Dec. 5th
Lawsuit filed in U.S. District Court in Eugene requests to court to decide the whole matter on Dec.19th based on the basis of the sworn written statements and arguments presented during the hearing. Lawsuit also seeks to prevent Oregon Health Sciences University from allowing physician-assisted death on its premises.

Oregon's Catholic hospital system says it will take action against physicians or staff members who either participate in suicides or who refer patients to doctors who will. Such action is illegal under Measure 16.

Dec. 7th
A temporary restraining order is placed on Measure 16 pending the Dec. 19th hearing. James Bopp argued that it was needed to protect dying patients from the "irreparable harm" that could result if they are allowed to begin the process of physician-assisted death outlined in Measure 16. That these patients would feel obligated to go through with it and that doctors might also prescribe lethal dosages of drugs from a sense of obligation to their patients who have started the formal request process - even though the prescriptions would be illegal.

Judge Michael Hogan said that arguments made against the Measure in an earlier request for an injunction (Nov. 23rd) might cause him to agree with it. He said that the new law to take effect on Dec. 8th might cause irreparable harm to someone contemplating suicide.

If Hogan grants the injunction on Dec. 19th, Measure 16 wouldn't take effect until a court ruled on its constitutionality. If he rejects the injunction, the law will go into effect at the hearing.

Dec. 9th
American Civil Liberties Union filed a motion with U.S. District Court on behalf of physicians and terminally ill patients. This group would be defendants of Measure 16. Dec. 12th
Oregon Right to Die files a motion in U.S. District Court on behalf of chief petitioners of Measure 16. This group will also be defendants.

Dec. 19th Hearing in Eugene. Judge Hogan extends temporary restraining order. Hogan's ruling must be made within 10 days of hearing.

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