Daily Journal: Judge: Doctors Don’t Have Standing to Challenge Aided Suicide Law

January 29, 2020

O’Melveny secured a win for pro bono client Compassion & Choices in litigation over right-to-die legislation in California, this article reported. The End of Life Option Act allows mentally capable, terminally ill adults to have the option to request a doctor’s prescription for medication that they could use to take if their suffering becomes unbearable, allowing them to die peacefully in their sleep. A group of physicians immediately challenged the law after it went into effect in 2016. On January 23, 2020, the Riverside County Superior Court side with Compassion & Choices, ruling that the physician plaintiffs do not have legal standing to bring the case. “The judge gave them a very narrow window to establish standing,” Kappos told the Daily Journal of the physicians challenging the law. “The only way she suggested they could achieve standing was if they have a patient who does not want medical aid in dying but is being coerced into it by say, a family member.”

The O’Melveny team representing Compassion & Choices includes partner John Kappos, counsel Bo Moon, and associates Jason Orr, Amanda Hoffman, and Mark Hayden.