Thaddeus Mason Pope

Bioethics, Health Law, Patient Rights

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Professor Pope - Expert Witness on Medical Aid in Dying
South Africa
 
United States
In 2022, I submitted testimony in a federal lawsuit chalenging that the California End of Life Option Act fails to comply with the federal Americans with Disabilitis Act. The EOLOA prohibits assisting a patient who cannot complete self-administration of her MAID medications. But the ADA requires that very assistance.

The issues in the litigation are discussed in 13 articles in the September 2023 issue of the American Journal of Bioethics.

Shavelson v. CDHCS (N.D. Cal. 2021)
Shavelson v CA (Dec. 2022) (Ordering granting motion to dismiss)
Shavelson v. CDHCS (N.D. Cal. Sept. 2021) motion for TRO
Select Legislative History
Governor Proclamation for Special Session (June 2015)
Governor Signing Message (Oct. 5, 2015)
End of Life Option Act ABX215
Constitutional Provisions
California Constitution Article IV
Martin v Riley (Cal 1942)
Sturgeon v. Los Angeles County (Cal App 2010)
Ahn v. Hestrin (Court of Appeal)
Appellant Brief (Jan. 29, 2021)
Supreme Court denies cert (Feb 27, 2019)
California AG Answer to Petition for Review (Cal. Jan 2019)
Court of Appeal Opinion rejecting Constitutional challenge (Nov 2018)
Tentative Court of Appeals opinion (Aug. 30,2018)
Appellant Opening Brief (June 26, 2018)
Ahn v. Hestrin (Riverside County Sup. Ct.)
Opponents to medical aid in dying filed this lawsuit on the day the California End of Life Options Act went into effect, June 9, 2016. The lawsuit challenges the constitutionality of the EOLOA. The court denied to temporarily enjoin the EOLOA pending the outcome of the litigation. But on May 15, 2018, the court indicated it would grant the plaintiffs' motion for judgment on the pleadings.

Complaint (June 9, 2016)
Compassion & Choices Amicus Brief Opposing Preliminary Injunction (July 16, 2018)
Transcript of Proceedings (August 26, 2016)
Attorney General Opposition to Motion on the Pleadings (Mar. 28, 2018)
Transcript of Hearing (May 15, 2018)
Attorney General Petition for Writ (May 21, 2018)
Department of Health Annual Reports
CDPH 2016 Report on EOLOA
CDPH 2017 Report on EOLOA