During his life, Woods had never stated in any way whether he wanted life-supporting measures removed,.
The Thomas More Law Center and cooperating attorney Robert Cetrulo submitted an amicus brief to the Kentucky Supreme Court, urging the Court to apply Kentucky’s guardianship for disabled persons statute, which would prohibit the state from authorizing the removal of a ward’s life support without his consent.
A majority of the Kentucky Supreme Court disagreed with the Law Center’s position, however, and determined that the “Kentucky Living Will Directive Act” constitutionally permits the Commonwealth to authorize the withdrawal of life-sustaining medical treatment from an incompetent ward of the state without any evidence of the ward’s desires regarding such treatment.
“This decision is another step down the slippery slope toward a culture of death where the government decides which lives are worthy to be lived,” commented Richard Thompson, Chief Counsel for the Thomas More Law Center, “Kentucky should protect the welfare and rights of all of its citizens, especially those who are most vulnerable. The state Supreme Court has now declared that the lives of some of its citizens are not worthy of protection.”
Justice Wintersheimer and Justice Stumbo agreed with the Thomas More Law Center’s position and strongly dissented from that of the other justices: “It is deeply disappointing that this Court would decide to allow an agency of this State to end the life of a totally innocent ward of that very same State,” read their statement. “It is even more shameful to realize that the State would seek to terminate the innocent human life of a person entrusted to its care and protection.”
“Today, this case involves a mentally deficient ward of the State. Who knows whom it will involve in the future? Only by making the mistaken assumption that it could never happen, the power of the State has been unleashed to kill its own citizens,” warned Justice Wintersheimer.
