Posted on March 19, 2019 at 4:30 AM
I finally listened to the appellate oral argument before the U.S. Court of Appeals for the Ninth Circuit in Fonseca v. Smith. The appeal concerns the standing of the plaintiffs, not the merits of UDDA constitutionality.
The court has not yet ruled. But the panel seems to accept the notion that the UDDA can “cause” physicians to withdraw mechanical ventilation and issue a death certificate. The court did not find much plausibility in the State’s argument that physicians would do that based on the standard of care without a statute.