Judge strikes down California Right-to-Die law

[RandySF]

A California judge granted a motion Tuesday to overturn the state’s right-to-die law, but California Atty. Gen. Xavier Becerra has five days to file an emergency appeal of the ruling in the case before it will take effect.


https://www.google.com/amp/s/www.nbclosangeles.com/news/local/California-Judge-Grants-Motion-to-Overturn-States-Right-to-Die-Law-482715181.html%3famp=y

[CaliforniaPeggy]

1. I wonder what grounds the judge had. This is nuts, and wrong. n/t

[byronius]

3. Blah blah blah (religion), probably. No other rationale possible.

[NutmegYankee]

4. Technicality on when the law was passed (special session vs normal session)

The judge didn't rule on the legality of the actual law.

[SoCalNative]

5. Per the story

Lawyers for advocates and opponents say Riverside County Superior Court Judge Daniel Ottolia did not rule on the legality of physician-assisted death. He issued an oral ruling Tuesday saying lawmakers acted illegally in passing the law during a special session devoted to other topics.

[smirkymonkey]

2. WTF? Why? From what I understand there was a great deal of support for this law

in CA, even a majority of republicans supported it. I am not familiar with how these things work, but how can a judge just decide to go against the will of the people like that? I would be outraged! I am so sick of these right-to-life nutcases butting their noses in when it comes to business which doesn't concern them.

[SoCalNative]

6. It was passed by the legislature

in a special session, not during a regular session.

Per Article 4, Section 3 of the California Constitution:

SEC. 3. (a) The Legislature shall convene in regular session at
noon on the first Monday in December of each even-numbered year and
each house shall immediately organize. Each session of the
Legislature shall adjourn sine die by operation of the Constitution
at midnight on November 30 of the following even-numbered year.
(b) On extraordinary occasions the Governor by proclamation may
cause the Legislature to assemble in special session. When so
assembled it has power to legislate only on subjects specified in the
proclamation but may provide for expenses and other matters
incidental to the session.

[smirkymonkey]

9. Thanks. How are people in your state reacting to this?

What is the response to "Right-to-die" overall? Not just from the politicians, but from the public.

[SoCalNative]

11. I haven't honestly paid that much attention

to others opinions and reactions about the matter. I'm personally all for it and most of the people that I know are as well.

[former9thward]

7. The legislature passed it incorrectly.

They did not follow their rules. The judge did not rule on right to life or anything like that.

[smirkymonkey]

8. So can it still have a chance, or do they have to go back to the drawing board?

[former9thward]

12. Assuming the ruling is not appealed and holds up

the legislature would have to pass it again in a regular session instead of a special session. When a legislature is in a special session they can only pass bills relating to that special session.

[smirkymonkey]

13. Oh, I see. Thank you for explaining that.

[Demsrule86]

10. I have to say, I have mixed emotions about this...the right to die often become the duty to

die in a center right country where already a would be governor is suggesting 'putting down ' poor kids.

[JayhawkSD]

14. This sort of thing is often problematic.

Arizona Governor Evan Meacham ran with a promise to cancel a Martin Luther King holiday, not because he opposed it, but because it was created illegally by the legislature as a paid holiday for state employees. The legislature did not have the authority to do that, it needed to be passed by the voters. Meacham promised to spearhead a campaign to get the holiday created legally if he was elected governor.

He was elected, did cancel the illegally created holiday, and did begin a major drive to get the holiday on the state ballot. His opponents, however used the cancellation as a weapon against him, accusing him of racism, and mounted a campaign to get him impeached. The campaign, based on some marginally valid grounds but mostly on lies and centered on his cancellation of the MLK holiday, was successful.