O'Melveny's 2018-2019 Pro Bono Review

O’MELVENY PRO BONO PROGRAM REVIEW 2018- 2019 19 Challenging the Constitutionality of Prosecution Against Medical Aid in Dying Dr. Roger Kligler is a retired physician suffering from terminal, stage IV metastatic prostate cancer. Dr. Kligler wants to be able to obtain life-ending medication that he can take when his suffering becomes unbearable. Dr. Alan Steinbach is a practicing physician who treats terminally ill patients and wishes to be able to advise them on various end-of-life options, including medical aid. But because he fears prosecution under Massachusetts criminal law, he cannot do so. O’Melveny filed a complaint on behalf of Drs. Kligler and Steinbach against the Attorney General of Massachusetts and the District Attorney of the Cape and Islands District, seeking a declaratory judgment that the practice of medical aid in dying does not violate Massachusetts criminal law. Alternatively, the action asserts that Massachusetts criminal law, if applied to medical aid in dying, also does not violate the Massachusetts constitution. The government moved to dismiss the lawsuit, arguing that the case would not be ripe for adjudication until the DA brought a criminal prosecution against a physician for using medicine to aid a patient in hastening death. In response, O’Melveny argued that no physician would ever risk a criminal prosecution to test the law’s constitutionality. Patients’ Rights O’Melveny is an advocate for physicians and their terminally ill patients to help improve care, curtail suffering, and expand choices at the end of life. Judge Mary Ames of Massachusetts Superior Court rejected the government’s arguments and allowed plaintiffs’ case to move forward. The decision drew attention around the nation; it was reported by dozens of news agencies. Said Kevin Diaz, National Director of Legal Advocacy for Compassion & Choices, “O’Melveny’s masterful arguments undoubtedly helped win the day.” Supporting Compassion & Choices in California California Governor Jerry Brown signed the End of Life Option Act (EOLOA) on October 5, 2015. The measure was enacted and signed into law during a special session of the legislature. However, a day before it was to O’Melveny’s masterful arguments undoubtedly helped win the day. KEVIN DIAZ, NATIONAL DIRECTOR OF LEGAL ADVOCACY, COMPASSION & CHOICES