ACSBlog: The Blog of the American Constitution Society

In November, Washington state residents will decide whether to adopt a law that allows the terminally ill to control the timing and manner of their death, in a ballot measure that mirrors Oregon’s “Death With Dignity Act.” Kathryn L. Tucker examines the issue in "Choice at the End of Life: Lessons from Oregon," a recently released ACS issue brief.

In the brief, Professor Tucker asserts that Oregon’s Dignity Act has “harmed no one and has benefited both the relatively few patients in extremis who make use of it and a great many more who draw comfort from knowing this option is available.”

She maintains that Oregon’s Dignity Act has “produced distinct benefits” that should be replicated in Washington and other states. Oregon’s Dignity Act, Tucker writes, “has galvanized significant improvements in the care of the dying in Oregon.” Such improvements, according to Tucker’s research, include a growing number of physicians who are “improving their knowledge of the use of pain medications for the terminally ill, improving their ability to recognize depression and other psychiatric disorders, and more frequently referring their patients to hospice programs.”

Tucker concludes that a “wealth of information is now available about Oregon’s experience with legal aid in dying, demonstrating that an aid in dying law can be enacted and implemented in a way that harms no one and that benefits” patients.