Posted on August 18, 2019 at 4:00 AM
While already briefed and argued, the U.S. Court of Appeals for the Ninth Circuit asked for additional briefing in Fonseca v Smith. This case challenges the constitutionality of the California Uniform Determination of Death Act.
In early August 2019, plaintiffs/appellants filed their supplemental brief. It largely focuses on why the conflict is not moot. They also explain core substantive legal issues in the case:
“The intractable problem with the CUDDA scheme now before this Court is that its conception of due process is irreconcilable with the principles set forth in Cruzan and its progeny. The CUDDA statutory scheme provides no procedures or process by which a patient or advocate may independently challenge the determination of death.”
“CUDDA is inconsistent with the constitutional definition of life; it deprives individuals of life while they are still biologically functioning.”