Selasa, 15 Juni 2010

Studholme on Betancourt in the N.J.L.J.



I just blogged about Anne Studholme's op-ed in the popular press.  Now she has an opinion piece in the professional press, in the New Jersey Law Journal.


I especially liked this paragraph:  “Trinitas Hospital was afforded the opportunity to show that the life-sustaining care could be terminated, either under the Court's Quinlan, Peter, and Jobes decisions, which cover people who are permanently unconscious, or under the Court's decision in the Conroy case, which covers people who are capable of experiencing pain. Trinitas was found not to have made the requisite showing. They therefore want the rules to be changed so that in the future doctors will have far less trouble 'pulling the plug' on their own say-so.”


Studholme concludes her column:  “Many people with disabilities of various kinds and 'severity' are dependent on machines and human assistance to live. Many may not be 'curable.' Many may face obstacles and difficulties in advocating for themselves. Many experience what people who are not disabled perceive to be lives of limited scope. To permit such care to be removed in the name of cost savings, or of 'quality-of-life' assessments by people who, for the time being, are themselves not disabled, would go against everything our Supreme Court has stood for in its decisions up to this point.”


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