In one of the cases which will be heard by the Supreme Court in January, the U.S. Court of Appeals for the Ninth Circuit ruled in favor of Compassion in Dying et al. That ruling, written by Judge Stephen Reinhardt, is excerpted here.

"the [Washington State] legislation further finds that modern medical technology has made possible the artificial prolongation of human life beyond natural limits."

"The ancient Sythians believed it was an honor to commit suicide when they became too frail for their nomadic way of life."

"According to the model act, a patient is in a terminal condition if the medical condition is incurable and irreversible."

"... the opponents of assisted suicide conjure up a parade of horribles and insist that the only way to halt the downward spiral is to stop it before it starts. This same nihilistic argument can be offered against any constitutionally-protected right or interest."

"We define euthanasia as the act or practice of painlessly putting to death persons suffering from incurable and distressing disease, as an act of mercy, but not at the person's request."

"In fact, as with abortion, there is far more reason to raise the opposite concern: the concern that the poor and the minorities, who have historically received the least adequate health care, will not be afforded a fair opportunity to obtain the medical assistance... that would allow them to end their lives with a measure of dignity."

"... unlike the depressed twenty-one year old, the romantically devastated twenty-eight year old, the alcoholic forty-year old or many others who may be inclined to commit suicide, some people cannot be cured."

"...in a society in which the costs of protracted health care can be so exorbitant, we are reluctant to say that it is improper for competent, terminally ill adults to take the economic welfare of their families and loved ones into consideration."

"Our analysis is similar regarding the argument relating to the handicapped. Again the opponents of physician-assisted suicide urge a variation of the discredited anti-abortion argument. Despite the dire predictions, the disabled were not pressured into seeking abortions. Nor is it likely that the disabled will be pressured into committing physician-assisted suicide."

"[There was ] a growing recognition by the medical community and society at large that a more enlightened approach was essential."

"For a while, rejection of treatment, often through 'do not resuscitate' orders, was permitted, but termination was not. This dividing line, which rested on the illusory distinction between commission and omission (or active and passive), also appeared for a short time to offer a natural point of repose for doctors, patients and the law. However, it, too, quickly proved untenable."

"Doctors, like the rest of society, face constantly increasing pressures, and may not always have the patience to deal with the elderly, some of whom can be both difficult and troublesome."

"... it is possible to end one's life with over-the-counter medication."

"Some experts estimate that notwithstanding criminal sanctions, physicians may play a role in hastening the deaths of 6,000 terminally ill patients a day."

"Finally, although life and death decisions are of the gravest order, should an error actually occur it is likely to benefit the individual by permitting a victim of unmanageable pain and suffering to end his life peacefully and with dignity."

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