Thank You Senator Hinkle

L-R, Margaret Dore, Senator Greg
Hinkle (ret.) and his wife,
Gail Hinkle

Choice is an Illusion & it supporters had a great time at the Northwest Montana Fair where it hosted an information booth in opposition to assisted suicide and euthanasia.

Volunteers included former State Senator Greg Hinkle, who stood alone to stand up against assisted suicide legalization. His leadership was a key reason for the 2011 defeat of SB 167, which had sought to legalize assisted suicide and euthanasia in Montana.

Since then bills seeking to legalize assisted suicide and euthanasia in Montana have repeatedly failed.

Recipe for Elder Abuse

http://missoulian.com/news/opinion/mailbag/assisted-suicide-recipe-for-elder-abuse/article_261d7ce0-3e1f-11e2-8f87-001a4bcf887a.html

December 04, 2012 7:45 am

Brad Williams (letter, Nov. 28) is correct, assisted suicide is not legal in Montana (Associated Press, Nov. 16). The Montana Supreme Court decision, Baxter v. State, merely gives doctors a potential defense to prosecution for homicide.

In the 2011 legislative session, Sen. Anders Blewett and I introduced competing bills in response to Baxter, neither of which passed. His bill sought to legalize assisted suicide; mine sought to eliminate the defense.

During the hearing on Blewett's bill, he conceded that assisted suicide was not legal under Baxter. He said: "under the current law ... there's nothing to protect the doctor from prosecution."

Similar statements were made by others. For example, Dr. Stephen Speckart testified: "most physicians feel significant disease with the limited safeguards and possible risk of criminal prosecution after the Baxter decision."

To view a transcript, see:  http://maasdocuments.files.wordpress.com/2011/07/blewett_speckhart_trans_001.pdf

Legal assisted suicide is, regardless, a recipe for elder abuse in which heirs are empowered to pressure and abuse older people to cut short their lives.

Assisted suicide is not legal in Montana. The potential defense to prosecution is, however, a "toe in the door," which could lead to legalization in the future. Tell your legislators that you support reversing the defense to keep assisted suicide out of Montana.

Sen. Greg Hinkle, Thompson Falls

Assisted Suicide is not legal

http://www.greatfallstribune.com/apps/pbcs.dll/article?AID=2012311260039&nclick_check=1


In the Nov. 16 Tribune article, Brad Williams is correct; assisted-suicide is not legal in Montana. The Montana Supreme Court decision, Baxter v. State, merely gives doctors a potential defense to prosecution for homicide. In the 2011 legislative session, Sen. Anders Blewett and I introduced competing bills in response to Baxter, neither of which passed. His bill sought to legalize assisted-suicide; mine sought to eliminate the defense.

During the hearing on Blewett's bill, he conceded that assisted-suicide was not legal under Baxter. He said, "Under the current law ... there's nothing to protect the doctor from prosecution." Similar statements were made by others. For example, Dr. Stephen Speckart testified, "Most physicians feel significant 'dis-ease,' with the limited safeguards and possible risk of criminal prosecution after the Baxter decision." To view a transcript, see: http://maasdocuments.files.wordpress.com/2011/07/blewett_speckhart_trans_001.pdf

Legal assisted-suicide is, regardless, a recipe for elder abuse in which heirs are empowered to pressure and abuse older people to cut short their lives. Assisted-suicide is not legal in Montana. The potential defense to prosecution is, however, a "toe in the door," which could lead to legalization in the future. Tell your legislators that you support reversing the defense to keep assisted-suicide out of Montana.

 
Sen. Greg Hinkle,
Thompson Falls

Senator Hinkle Corrects the New England Journal of Medicine

"Assisted Suicide is Not Legal in Montana"

Dear Editor:

I am a Montana State Senator.  I disagree with your article, "Redefining Physicians' Role in Assisted Dying," claiming that assisted suicide is legal in Montana.  At the very least, Montana law is unclear.

Last year, Senate Bill 167, which would have legalized assisted suicide in Montana, failed.  This leaves assisted suicide governed by a Montana Supreme Court case, Baxter v. Montana.  An analysis by attorneys Greg Jackson and Matt Bowman describes Baxter as follows:

"The Montana Supreme Court s assisted-suicide decision . . . didn't even 'legalize' assisted-suicide. . . . After Baxter, assisted-suicide continues to carry both criminal and civil liability risks for any doctor, institution, or lay person involved."[1]

Since then, competing articles have appeared in the official Montana State Bar publication disputing whether Baxter legalized assisted suicide.[2]  The editor's headline states: "Court ruling still leaves the issue open to argument." [3]

Correct reporting would be that assisted suicide is not legal in Montana and/or hotly disputed.  Thank you for your attention to this matter.

Senator Blewett's Statements Concede That Assisted Suicide is Not Legal in Montana

Health care:  State doesn't need legal suicide,
Published in the Missoulian, Wednesday, June 15, 2011 8:45 am

I am amazed with the letter by Sen. Anders Blewett claiming that doctors can't be convicted of homicide if they cause or assist a suicide in Montana ("Physician aid in dying: Bill's rejection a step forward," June 10). His bill, Senate Bill 167, which would have accomplished that goal, was defeated this last legislative session.

Blewett's current claim is also the exact opposite of what he said when he was trying to get his bill passed. I have transcripts from the hearings on SB167. Blewett's quotes include: "under the current law ... there's nothing to protect the doctor from prosecution." Similar statements were made by others. For example, Dr. Stephen Speckart testified: "most physicians feel significant dis-ease with the limited safeguards and possible risk of criminal prosecution after the Baxter decision." 

To view transcript excerpts, go here: http://maasdocuments.files.wordpress.com/2011/07/blewett_speckhart_trans_001.pdf

Blewett's current claim is also contrary to the analysis of Montana attorney Greg Jackson, who with attorney Matt Bowman, states: "The Montana Supreme Court's assisted suicide decision ... didn't even 'legalize' assisted suicide ... After Baxter, assisted suicide continues to carry both criminal and civil liability risks for any doctor, institution, or lay person involved."  http://montanansagainstassistedsuicide.blogspot.com/p/baxter-case-analysis.html 

Blewett's bill, SB167, was defeated because it was a doctor-protection bill at the expense of individual patient rights. Legal assisted suicide is also a recipe for elder abuse in which heirs and others are empowered to pressure and abuse older people to cut short their lives. In Oregon, where assisted suicide is legal, patients desiring treatment have been offered assisted suicide instead. With the gaps in that law, patients are also unprotected from someone administering the lethal dose to them against their will.

Assisted suicide is not legal in Montana. Let's keep it that way.

Sen. Greg Hinkle, Thompson Falls