Daily Archives: March 17, 2017

Europe is happy gambling with its politics – CNN

Posted: March 17, 2017 at 7:49 am

The results give a remarkable insight into a blossoming of a diverse -- and in some cases dark -- political life.

Yet the results reveal his football analogy as misleading. A decade ago, Dutch politics might have been more easily defined as a two-sided tussle. Today there are many more teams on the field.

Twenty-eight parties were on the ballot and some saw remarkable gains. Rutte's VVD, on the other hand, wracked up significant losses, though not enough to see it ousted from the top spot on the podium. But his coalition partner PvdA, the Dutch Labour Party, has been near eviscerated.

And that's the story of the Dutch election: Traditional parties lost votes to smaller political outliers, including Left Greens and D66. Despite the incumbent holding on, the Dutch election does little to suggest the appetite for radical political change is abating.

The evolutionary outcome will be recognized by many aging Northern Hemisphere democracies.

Yet this appetite for something new that I heard about so often around the time of the Brexit vote and continue to hear today reveals a deep counterintuitive dependence on the very structures that voters seem to want to change.

The taxi driver who drove me home from 10 Downing Street in the early hours of June 24 last year, as the day and reality of Brexit dawned, asked me -- as sterling had already started to tumble -- would the politicians and bankers be able to fix it all. He'd voted leave.

A few hours later, retracing the same route, another driver, also a Brexiter, asked me the same question. He wanted a better future for his kids, had not known whose arguments in the heated pre-referendum debate to trust. Whatever happens next, they'll be able to make it all OK, he asked.

In a well-heeled North Yorkshire town days before the Brexit vote, I heard logic being stood on its head. Immigration, one man told me, would make him vote to leave the European Union, yet he readily admitted that his town didn't have an immigration issue.

Indeed, the spa town had yet to receive its first Syrian refugee. A few minutes later another voter told me he was voting for leave quite simply for change.

All this has been explained at length by me and others as a kick at globalization, voters frustrated they're fears are being ignored by mainstream politicians; a choice between engaging with and hoping to reform globalists, or turning your back on them and hoping they'll go away and be replaced by something new and better.

It will most likely be a contest between nationalist Marine le Pen and the youthful, left-of-center Emmanuel Macron, a choice that eclipses France's traditional left/right parties.

Denied the evolutionary political spread of the Dutch election, voters will have to hope that whatever the outcome -- Macron's difficulty finding the allies to form an effective government able to push through his agenda or le Pen's destructive tilt at a Frexit -- France's economy can withstand the turmoil.

Having spent enough time in war zones over the past few decades, I've seen what gambling with the future can look like -- and it's ugly.

First security, then the economy, peace of mind, health care, schools, electricity, food, water, your own roof. Each eroded, slipping uncontrollably from your grasp like sand between your fingers.

Perhaps it has jaded my view, perhaps just shaded it with reality. Whichever it is, Europe's political evolution, regardless of the hardships some voters feel, seems to be coming from a position of relative comfort, blind to potential pitfalls.

It's a testament to the traditional left and right politics upon whose backs democracy has evolved that voters today want to -- and can -- think outside the box in such numbers.

Yet while evolution by its very definition knows no bounds, democracy does have its limits. It's easy enough to vote in change for the sake of change, but how effective your new political reality is in cleaning up the mess of myriad political protozoa is another matter entirely.

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Another ND gambling bill flies under the radar – Minot Daily News

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North Dakotas Legislature is doing its best to expand gambling and, possibly, punch the states charitable gaming in the gut. We hope the latter is an unintended consequence, but with this group of lawmakers you can never be sure.

You know about Rep. Al Carlsons last-second proposal to build state-owned casinos. While it seems obvious Angry Als goal is to teach those uppity Native Americans a lesson for protesting the Dakota Access Pipeline by removing their monopoly on casino gambling, a side effect of this ill-considered idea would likely be a reduction in charitable gaming and the proceeds that come from it. Its logical to believe if gambling Fargoans have the option to drive 15 minutes to a casino that allows cigarettes and booze, theyll spend less money playing blackjack or pull tabs at their favorite bar.

Flying under the radar is Senate Bill 2221, which would allow something called historic horse racing to be played at up to 10 locations in the state. It sounds interesting and innocent enough, but a little digging reveals it to be an oddball piece of legislation meant to benefit mostly the horse-racing industry in North Dakota. Charitable gaming and the charities they serve like Sharehouse, the Boys and Girls Club of the Red River Valley and hundreds of others again might pay the price.

Historic horse race betting, also known as instant racing, lets players use a slot machine-like device to bet on tens of thousands of horse races that have already been run. Bettors arent allowed to know the locations, dates and names of the horses although they may be provided some limited information to place their bets. Interesting note, though: If players want to forgo making choices on which horses to bet on, thats an option. They can choose to have the machine make their selections for them.

If betting on random old horse races with limited or no information seems odd, thats because it is. But theres a reason for it: It allows this type of gambling to be classified as pari-mutuel betting instead of casino gambling and therefore fall under the auspices of the states horse racing commission instead of the attorney general. This, then, would allow the bulk of the proceeds to go toward the horse racing industry instead of charities or the general fund. Funds from SB 2221 would specifically be earmarked for the racing promotion, purse and breeders funds of the horse racing commission.

Historic horse racing is active in only a handful of states and some Wyoming, Arkansas and Kentucky, for example have used it to prop up failing live racing. There is also a common theme in every state thats allowed historic horse racing: legal problems.

The issue is whether or not the machines required skill or were games of chance, the latter of which are illegal in most states. While horse racing advocates say the machines require bettors to use knowledge and skill to win against a pool of other players, courts have said otherwise.

Wyoming, for example, first allowed historic horse racing machines in 2003, but they were outlawed in 2006 when the state Supreme Court said the machines were a slot machine that attempts to mimic traditional pari-mutuel betting. The same question has arisen in other states. Wyoming tweaked its machines and historic horse racing is back. Money is being funneled to its horse racing industry.

The amount of money expected to be bet is not small. The fiscal note provided to the Legislature says there is an expectation of $100 million being bet annually on historic horse racing in 2018, jumping to $250 million in 2019 and leveling off at $200 million thereafter. This is what has charitable gaming nervous. Its estimated gamblers wager about $300 million a year at more than 300 charitable gaming sites statewide. Advocates believe that number will dip if historic horse racing is legalized.

The question for North Dakota legislators is whether this is a wise way to expand gambling in a big way. The main recipient will be the horse racing industry. Charitable gaming will likely suffer. Is this a good trade-off? Legislators have rejected historic horse racing in previous years. Will they do so again?

Readers can reach Forum columnist Mike McFeely at (701) 241-5215

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Another ND gambling bill flies under the radar - Minot Daily News

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Eight arrested in Pueblo illegal gambling operations – KRDO

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PUEBLO, Colo. - The doors are shut and the lights are off at three gaming centers in Pueblo County after police and the Colorado Bureau of Investigations discovered illegal gambling operations. "The illegal gambling was based on machines that are commonly known as fishing games, where people enter money into the machine and they win prizes in money and because of that, it's actually illegal gambling," said Sgt. Eric Gonzales of the Pueblo Police Department. Sixrteen games similar to these at two TableZ locations and Skillz Arcade were seized. "These ones, you don't know what you're getting into. You don't know what kind of payouts, or if you're getting any kind of payout," Gonzales said. Gonzales said the biggest concern is the games aren't regulated.

"Other casinos in the state that are regulated require that you have an 80 to 100 percent payout. These aren't regulated in any way. They can have a zero percent payout," Gonzales said. Dan Corsentino,a former Pueblo County sheriff and now a lobbyist for sweepstakes operators, said he believes these businesses have legs to stand on in court. "Skill games are legal in the state of Colorado and games of chance are not. So is this software a game of chance? Or is this software a skill game?" Corsentino said. Corsentino said as the technology involved in the games develops, the conversation will continue.

"It's almost like a shell game. You know, legislation comes out, new technology is developed," Corsentino said.

So far, the businesses are facing 12 counts of sales tax and zoning violations. Gambling charges are forthcoming.

At the time the warrants were served, police said half the people using the establishments had unrelated warrants for their arrests.

Gonzales said these businesses should stay closed unless they have other operations besides the games to keep them open.

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Raleigh Amusements pleads guilty to gambling, but charges against … – News & Observer

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Wide-ranging ban on gambling ads during sport broadcasts will help those with problems: expert – ABC Online

Posted: at 7:49 am

By Christopher Hunt, University of Sydney

Posted March 17, 2017 14:45:32

The Turnbull Government is reportedly considering banning the advertising of gambling during televised sporting broadcasts.

This is not a new idea: Senator Nick Xenophon has long championed a ban, as have many who work with problem gamblers.

It has been reported that more than one-in-six ads shown during AFL matches are gambling-related.

So, could advertising be linked with rates of problem gambling?

Increases in problem gambling linked to sports betting have been reported in recent years, particularly among young men.

The numbers of 18-to-25-year-old men with problems related to sports betting doubled between 2012 and 2015 at the University of Sydney's Gambling Treatment Clinic (where I work).

At the same time, gambling odds and prices have become a central part of sporting culture.

The "gamblification" of sport is now seen as both a normal and central component of it.

In pre-game reporting, the prices and odds are seen as being as important as player injuries and weather conditions.

Being able to draw a clear line between increased promotion of gambling and rates of problem gambling is not easy.

Given there are always multiple factors why someone develops a gambling problem, it is never as clear-cut as blaming advertising.

However, some evidence exists to suggest advertising has impacts on problem gamblers.

Interview research and large-scale survey work have both suggested that gambling ads during sport strongly affect many problem gamblers by increasing their desire to gamble when trying to cut down.

Therefore, restrictions on advertising may be effective in helping those with problems to manage their urges to gamble.

Another widespread concern about gambling advertising during sports broadcasts is the impact it might be having on young people.

There is evidence this advertising can have an impact.

A study of Canadian adolescents found the majority had been exposed to gambling advertising.

It also found this advertising was leading to the belief that the chance of winning was high, and that gambling was an easy way to make money.

These findings are particularly concerning. In our work with problem gamblers, we have found these beliefs are crucial to the development of gambling problems.

Typically, when examining a problem gambler's history, we find they were exposed to gambling at a young age and developed positive attitudes toward gambling at the time.

In particular, a distorted belief in the likelihood of winning appears to be a key driver in many of our patients who developed problems.

Thus, advertising that promotes the idea that gambling is an easy way to make money is likely to prime our kids for developing gambling problems in the future.

Would a ban on the advertising of gambling during sport broadcasts change attitudes toward gambling and gambling behaviour?

Here, evidence on the impacts of tobacco advertising is instructive.

Tobacco advertising has been progressively restricted or banned in many countries. Thus, considerable evidence is available to make conclusions.

There appears to be clear evidence that tobacco advertising does result in increased rates of smoking in adolescents.

It has also been found that bans on tobacco advertising appear to be effective in reducing tobacco use but only in the case of complete bans.

In contrast, attempts to limit bans on advertising to certain mediums such as banning ads on TV appear not to be effective, as this simply results in increases in tobacco advertising in non-banned media (in print or on billboards, for instance).

This suggests that for any restriction of gambling advertising to be effective, it needs to be widespread.

Such displacement has already been seen with gambling. There is evidence of increased social media promotion of gambling, which has resulted in increases in positive attitudes toward gambling in those exposed to these promotions.

There is not yet any demonstrated definitive link between increases in gambling advertising during sports and problem gambling.

However, the research that has been conducted indicates that advertising may result in increased gambling by problem gamblers and increases in distorted beliefs about gambling in young people.

If the Government chooses to go down the path of increasing restrictions on gambling advertising, it is important that any restrictions are wide-ranging enough to have a clear impact on gambling behaviours and attitudes.

Support is available through the Gambler's Help website gamblershelp.com.au or by calling the free Gambling Help Line on 1800 858 858.

Dr Christopher Hunt is a clinical psychologist working at the University of Sydney's School of Psychology. He has worked at the University's Gambling Treatment Clinic since 2007.

Originally published in The Conversation

Topics: gambling, government-and-politics, community-and-society, australia

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El Cerrito era of gambling, vice and racketeers recounted in talk – East Bay Times

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EL CERRITO There is nothing on the exterior of the Fraternal Order of Eagles Hall on Carlson Boulevard that hints at the buildings former identity as a gambling hall.

The hall, known as the Wagon Wheel during its gambling days, opened in 1935 and closed in 1951, during a time when El Cerrito was notorious as a center for gambling, dog racing, prostitution and other entertainment and vice.

That era was recounted at the Eagles hall last week as part of the citys 2017 Centennial Celebration by East Bay Times editor Chris Treadway, who is writing a book about the colorful period in El Cerritos history.

These operations were tolerated as one of the few stable parts of the local economy that otherwise had little industry or employment opportunities in town, Treadway told a group of about 90 at the event.

Gambling and prostitution had existed in El Cerrito prior to the citys incorporation in 1917, but a dog racing track that opened in 1932 on the site of the present-day El Cerrito Plaza shopping center attracted more gamblers from outside the city, Treadway said.

The track brought more than just the general public to town, he said. Gamblers and petty crooks began to hang around, attracted by people with money at the track.

Gambling interests began catering to that crowd with other forms of gaming, particularly in the unincorporated area near the Albany border that was called No Mans Land.

In 1933, a well-known racketeer and bootlegger named Walter Big Bill Pechart opened a nightclub called the Rancho San Pablo in the historic Castro Adobe, the home built by Spanish settler Don Victor Castro in 1839.

The club opened less than a month after the end of Prohibition, making the downstairs bar legal, with card tables, roulette and slot machines in the second-floor gaming area. Big-name entertainers were often booked at the nightclub.

Pechart was also behind the founding of The Wagon Wheel, which was to become a headquarters for gambling operations around Contra Costa County.

An array of nightclubs sprang up on San Pablo Avenue during the 30s, including the Kona Club, Club Rio, Club Compiano, the Acme Club, The Cave, The Miami Club, The 90 Club, The 333 Club and the It Club.

The clubs received a boost during World War II when thousands of war workers arrived to work at the Kaiser Shipyards in Richmond and other defense operations.

The war allowed gambling and prostitution to flourish like never before, Treadway said.

Housing for war workers joined the deserted dog track and the Castro Adobe on the current shopping center site, giving the new residents easy access to the clubs and gambling halls and prompting a spurt of new growth.

Carl Nealis, the man in charge of slot machine operations at the Wagon Wheel, was found to have accumulated more than $655,000 in coins and cash as his share of slot machine revenue after his death in 1946.

Such outsized profits drew organized crime to El Cerrito looking for a share.

Elmer Remmer, an associate of mob boss Bugsy Seigel, formed an alliance with Pechert and his Wagon Wheel partner Dave Kessel, with the intention of trying to control gambling operations throughout Northern California.

But, Remmer ran afoul of federal authorities who began an extended prosecuted of him for income tax evasion in 1950.

The downfall of gambling began right after the war when a group of citizens formed as the Good Government League, which recalled the incumbent City Council and replaced it with candidates who refused to take payoffs from gambling interests and got clubs within the city limits to end wide-open gambling.

Unable to offer gambling and with the growing popularity of television as entertainment, the clubs began to close one by one.

The dog racing track was demolished to make way for a drive-in movie theater in 1948 and the theater, in turn, gave way to the shopping center in 1958.

The next Centennial history talk, El Cerrito Athletics A History of Victory, will be given by former baseball coach Larry Quirico on April 19 at the Community Center, 7007 Moeser Lane, beginning at 7 p.m.

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Are a third of Venmo transactions right now illegal gambling payments? – Quartz

Posted: at 7:49 am

The NCAA championship basketball tournaments are now underway and Americansas they do every yearhave undertaken a massive distributed illegal gambling conspiracy to wager on the outcomes of the games.

Since the tournament draw was announced, about 10% of public transactions on money-transfer app Venmo have been at least superficially basketball related, according to a Quartz analysis of such transactions. This morning (March 16), minutes ahead of the first game, was apparently the peak time to buy in. NCAA betting pools, known as March Madness pools, could have accounted for more than a third of total transaction volume on Venmo at that time.

PayPal-owned Venmo is only available for use in the US and there is little disagreement that these pools are illegal there, running afoul of a litany of laws. Authorities have not made small-scale gambling pools an enforcement priority.

PayPal and Venmo take compliance with all applicable laws, rules and regulations seriously, a spokesman for Venmo told Quartz in an email. If there is ever a situation where evidence of gambling activity is brought to our attention, Venmo works quickly to take appropriate action. Using Venmo for gambling is prohibited by its terms of service.

Nevertheless, an email sent to this reporter soliciting participation in a pool specifically instructed that a Venmo payment make no mention of basketball or the NCAA tournament. (For what its worth, I did not buy in to any betting pools this year.)

Digital payment platforms like Venmo have made collecting these wagers significantly easier across larger geographic areas, let alone a corporate campus. But Venmo isnt only processing transactions; its a social network where people can make their payments viewable to their friends or the public.

Our analysis aggregated these public posts when they contained terms like ncaa, bracket, madness, and in payment messages. Many of the more than 250,000 posts matching these terms explicitly stated their purpose as a betting pool buy-in, others were clearly not, and still more were entirely ambiguous. More than 43,000 transactions had a message of a single basketball emoji, .

The number of transactions matching these criteria during the period between the announcement of the draw and the first game has drastically increased from last year.

However the proportion of those transactions related to the betting pools is similar.

These figures only account for Venmo posts that are made public on the platform. PayPal CFO John Rainey told CNBC today that 90% of Venmo transactions are viewable at least to a payers friends. The company would not provide Quartz a similar figure for posts that are entirely public.

It is possible transactions about these betting pools are more likely to be made private, and thus these figures would understate the amount of gambling activity on the platform. In the case that the transactions are more likely to be made public than other payments, these figures would overstate the popularity of using Venmo for betting.

The public transaction data also does not include information on the size of a payment, but if assuming an average $10 buy-in, Venmo has possibly facilitated over $2.5 million in betting this year. Thats a negligible contribution to total betting on the tournament: The American Gaming Association estimates that $10.4 billion will be wagered (legally and illegally) on March Madness games and in pools this year.

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Are a third of Venmo transactions right now illegal gambling payments? - Quartz

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Authorities raid illegal gambling sites in Pueblo – KRDO – KRDO

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Multiple law enforcement agencies raided a group of illegal gambling establishments on March 15, 2017. Photo: Pueblo Police Department

Multiple law enforcement agencies raided a group of illegal gambling establishments on March 15, 2017. Photo: Pueblo Police Department

PUEBLO, Colo. - After months of investigation, several law enforcement agencies raided a group of illegal gambling sites in Pueblo on Wednesday.

Pueblo police narcotics detectives along with the Colorado Bureau of Investigation Gaming Agents and the Pueblo County Sheriffs Officeconducted search warrants in the City and the County of Pueblo in regards to illegal gambling establishments.

The investigation began after authorities got several complaints, including the fact that minors were being allowed into the businesses to gamble.

Two of the places under investigation, TableZlocated at 4929 N. Elizabeth and SkillzArcade at 315 N. Santa Fe, were known to use digital and internet gambling games known as "fish games." Investigators with the Pueblo Police Department searched both of them on March 15 and found several guns and gambling items.

A third establishment located in Pueblo West, which was also named TableZ, was searched by the Pueblo County Sheriffs Office on March 15, leading to the discovery of gaming machines guns, and other illegal items.

In a press release issued by the Pueblo Police Department on Wednesday, the following statement was made towards those gambling at these unlicensed sites:

"The public should be aware that the gambling that occurs at these types of establishments is nonregulated. Therefore, none of the protections that are afforded to players at legal gaming sites in Colorado, such as surveillance and tracking of wagers and payouts, are not applicable."

Owners of the two TableZs and Skillz Arcade are facing charges for operating without a city tax license as well as various misdemeanor gambling charges which are being referred to the District Attorneys Office.

While searching the businesses, authorities spoke to seven individuals that were gambling. After further investigation, it was discovered that they were already wanted on unrelated warrants and were immediatelyarrested.

The investigation is ongoing.

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Jets begin life after Darrelle Revis by gambling on Morris Claiborne – ESPN (blog)

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Desperate for a starting-caliber cornerback, the New York Jets are expected to sign the oft-injured Morris Claiborne, ESPN NFL Insider Adam Schefter reported. Claiborne, 27, was drafted sixth overall by the Dallas Cowboys in 2012, but he has disappointed, partly because of injuries.

Contract terms: Not immediately available.

ESPN 150 ranking: Claiborne is No. 42.

Grade C: The cornerback market was drying up, so the Jets had to do something quickly. It's hard to make a risk-reward evaluation without knowing the exact contract information, but you have to believe it'll cost them about $5 million in 2017, based on the market. Presumably, the guarantees won't impact their ability to dump Clairborne after a year if it's a multiyear deal. If they're handcuffed by the money, it's a bad signing because Claiborne, who has missed 33 out of 80 games, is a big gamble. He's never healthy.

What it means: This shouldn't preclude the Jets from drafting a cornerback with the sixth overall choice. Coach Todd Bowles needs more than one starting-caliber corner to make his secondary whole again. They still have Buster Skrine, Marcus Williams and Juston Burris, but they're not projected as No. 1 or No. 2 corners. Such is life after Darrelle Revis. Claiborne, 27, is a man-to-man corner, so he fits from a scheme standpoint. One AFC scout said, "Injuries have been a hurdle on a yearly basis. If he can stay healthy, he has a chance to earn a starter's role. If he doesn't start, he can be your three. In [the Jets'] situation, he should compete for a starter's job or at the very least be in their top three. Perhaps he's worth a flier."

What's the risk? Claiborne was a stud at LSU, but it hasn't translated to the NFL. He has 32 penalties in 47 games, according to NFL stats. He never has played a full season, and he's missed 26 of 48 games over the last three years. He has injured almost every part of his body, most notably a torn patellar tendon in 2014. As a result, his production has suffered. A total of 20 players picked in the 2012 draft have more career interceptions than Claiborne (four), including 14 defensive backs. That said, he was playing the best ball of his career last season before a groin injury cost him nine games. Jets general manager Mike Maccagnan is hoping seven games played last season can turn into 16, helping the Jets' leaky secondary. Thing is, if a player is injured for five straight years, it probably won't change in the sixth.

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Gorsuch on euthanasia and assisted suicide and abortion? – SCOTUSblog (blog)

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In 2004, Neil Gorsuch was awarded a doctorate in legal philosophy by the University of Oxford, the British institution where he studied as a Marshall Scholar. Gorsuchs doctoral thesis on euthanasia and assisted suicide served as the basis for his 2006 book, The Future of Assisted Suicide and Euthanasia. At Gorsuchs confirmation hearing that year, Sen. Lindsey Graham asked Gorsuch about his writings on assisted suicide and euthanasia, noting that Gorsuch had been prolific.

Gorsuch assured Graham that his personal views would have nothing to do with the case before him in any situation. Having said that, though, Gorsuch added that his writings on assisted suicide and euthanasia had been largely in defense of existing law and were consistent with the Supreme Courts decisions in this area and existing law in most places.

When Gorsuch first began his studies at Oxford in the early 1990s, euthanasia and assisted suicide were both high-profile and controversial issues. In 1997, in Washington v. Glucksberg and Vacco v. Quill, the Supreme Court rejected challenges to the constitutionality of state laws banning assisted suicide. But, Gorsuch emphasized in his book, the justices who concurred in that ruling left open the question whether such laws would be unconstitutional in the specific cases of adults who were terminally ill. Thus, far from definitively resolving the assisted suicide issue, Gorsuch suggested, the Courts decisions seem to assure that the debate over assisted suicide and euthanasia is not yet overand may have only begun.

Gorsuchs prediction appears to have mostly missed the mark: The debate over assisted suicide and euthanasia largely subsided in the years following the publication of his book. Assisted suicide remains illegal in 44 states, while all 50 states ban euthanasia, and there have been few signs that the issues could make their way to the Supreme Court anytime soon. But Gorsuchs book on assisted suicide and euthanasia nonetheless remains relevant, not only for what it tells us about his views and his writings more generally, but also for what (if anything) we might be able to glean from the book that might shed more light on his views on abortion.

Much of Gorsuchs book is devoted to an exhaustive (but not exhausting) survey of the history of assisted suicide and euthanasia, the legal and ethical arguments in favor of the two, and court cases in the United States and the United Kingdom dealing with the right to die. Gorsuch is sharply critical of experiments with allowing assisted suicide and euthanasia in the Netherlands and Oregon. In the Netherlands, Gorsuch observes, it appears that, for every three or four acts of voluntary euthanasia, the Dutch regime generates one case of a patient being killed without consent. Moreover, he continues, euthanasia and assisted suicide are often motivated less by the desire to alleviate pain or respect patient autonomy than by a physicians subjective belief that the patients quality of life is degrading or hopeless.

And in Oregon, which allows capable adults with terminal diseases to request medication to end their lives, the law does not require physicians to refer patients who want to commit assisted suicide to mental health professionals. Gorsuch cites data raising the possibility that other factors, such as depression or isolation, rather than terminal illnesses, may be driving assisted suicide in Oregon. Reporting requirements in the state are minimal, he adds, such that Oregon officials admit that they have no idea how often state law is violated, and no way to detect cases of abuse and mistake. Given the many flaws in the two regimes, he points to the potential costs if assisted suicide and euthanasia were legalized more broadly particularly the prospect that they could lead to pressure, real or imagined, for the poor, minorities and the elderly to commit assisted suicide, in part because of the high costs of health care in the United States.

Although Gorsuch was correct at his confirmation hearing that his book defends existing laws prohibiting assisted suicide and euthanasia, the book offers an alternative ground to justify them: the idea that all human beings are intrinsically valuable and the intentional taking of human life is always wrong. Dubbing his rationale the inviolability-of-life principle, he characterizes it as a middle path between two extremes on the one hand, the idea that life is the most important good that must always be maintained and, on the other, the idea that a person could die or be killed based on someone elses judgment about his quality of life.

Gorsuchs middle ground would, he takes pains to emphasize, still allow terminally ill patients to refuse or discontinue treatment; it would also allow medical personnel to prescribe high doses of morphine or other painkillers when death is near. The critical, rational moral line, he explains, is intent. When medical personnel and the patients family are seeking to relieve the patients pain, or the patient doesnt have a suicidal impulse but opts to discontinue or refuse treatment out of a recognition of the inevitability of death, doctors should be permitted to prescribe painkillers and discontinue treatment even when they know that death will result and may even be accelerated. But, he cautions, doctors cannot do these same things when they do so with the intent to cause the patients death.

Allowing doctors to prescribe an overdose of morphine or discontinue care with the intent to relieve a patients physical suffering, even knowing that it will also result in death, but not allowing it with the intent to cause death may seem like a somewhat artificial distinction. But, in Gorsuchs view, the distinction would also solve a constitutional conundrum: If as essentially all states allow patients can refuse care or discontinue treatment, why shouldnt they also have a right to a doctors assistance in committing suicide? Although other efforts by scholars and lawyers to distinguish assisted suicide and euthanasia from the right to refuse treatment fall short, Gorsuch contends, an intent-based distinction may work sufficiently well to withstand a constitutional equal protection challenge. Assisted suicide and euthanasia differ from the right to refuse in that they necessarily entail an intent to kill and, with it, the judgment that a patients life is no longer worth living. Such an intention may be present in a decision to refuse treatment, but, I suggest, it need not be.

Gorsuch devotes an entire chapter to an analysis of Planned Parenthood v. Casey, the Supreme Courts 1992 decision reaffirming a womans right to an abortion, and Cruzan v. Director, Missouri Department of Health, the courts 1990 decision upholding the states refusal to allow the parents of a woman in a persistent vegetative state to terminate treatment on her behalf. The question for Gorsuch is whether the two cases support an interest in autonomy, protected by the Constitution, that could in turn support a right to assisted suicide and euthanasia. In his view, they do not. He maintains that the courts decision in Casey should be read more narrowly, pointing to the portion of the decision in which a plurality of the court argues that the doctrine of stare decisis, or respect for long-settled law, required continued adherence to the courts 1973 decision in Roe v. Wade, which recognized a womans right to terminate her pregnancy.

In a footnote, Gorsuch stresses that his analysis in his book is limited to assisted suicide and euthanasia; he has no intent to engage the abortion debate. But he doesnt stop at that. Instead, he acknowledges that abortion would be ruled out by the inviolability-of-life principle I intend to set forth if, but only if, a fetus is considered a human life. Gorsuch then seems to pull back again, reminding his readers that in Roe the Supreme Court unequivocally held that a fetus is not a person for purposes of constitutional law suggesting, perhaps, that the issue has already been taken off the table. However, when Gorsuch makes the same statement elsewhere in the book, he again cites Roe, but he also cites a dissent by Justice Byron White, for whom Gorsuch clerked. Gorsuch characterizes the White dissent as arguing that the right to terminate a pregnancy differs from the right to use contraceptives because the former involves the death of a person while the latter does not. Gorsuch may not share Whites view, but his decision to include it is somewhat curious given what he has elsewhere described as the courts unequivocal holding.

Is Gorsuchs reference to the White dissent a veiled hint into his own views on abortion or merely an effort to give equal time to an opposing view? It is impossible to know for certain, and we arent likely to learn anything more at his confirmation hearing. If Gorsuch is confirmed, we may have to wait for the next challenge to laws regulating abortion to reach the Supreme Court.

Posted in Nomination of Neil Gorsuch to the Supreme Court, A close look at Judge Neil Gorsuchs jurisprudence, Featured

Recommended Citation: Amy Howe, Gorsuch on euthanasia and assisted suicide and abortion?, SCOTUSblog (Mar. 16, 2017, 5:29 PM), http://www.scotusblog.com/2017/03/gorsuch-euthanasia-assisted-suicide-abortion/

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Gorsuch on euthanasia and assisted suicide and abortion? - SCOTUSblog (blog)

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