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01/30/2018

Constitutional Attack on the Uniform Determination of Death Act

Briefing before the U.S. Court of Appeals for the Ninth Circuit began yesterday in the Israel Stinson brain death case.


Israel’s mother challenges the constitutional validity of the statutory scheme that she alleges led to his death. She contends that the California Uniform Determination of Death Act (CUDDA) offered woefully inadequate safeguards that facilitated the forcible termination of his organ support.


Last year, the District Court held that while the injury in fact prong of Article III was satisfied by the death of the child, Sinson’s mother could not demonstrate causation or redressability since the State did not require medical providers to end Israel’s life support. 


On appeal, Stinson’s mother argues the causal relationship between the CUDDA and the private hospital’s termination of organ support.

This entry was posted in Health Care and tagged . Posted by Thaddeus Mason Pope, JD, PhD. Bookmark the permalink.

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