2007: Speaker Nuñez and Assemblymembers Berg & 2007: Speaker Nuñez and Assemblymembers Berg & Levine introduced AB 374Levine introduced AB 374 ““Enacts the California Compassionate Choices Act, Enacts the California Compassionate Choices Act,

which would authorizewhich would authorize competentcompetent adults who have beenadults who have been

determined by two physiciansdetermined by two physicians to be suffering from to be suffering from

aa terminal diseaseterminal disease to make a request forto make a request for medicationmedication

to hasten theto hasten the end of their livesend of their lives in a humane manner.”in a humane manner.”

The California Compassionate Choices Act

““Why did California’s Compassionate Choices Acts Fail,Why did California’s Compassionate Choices Acts Fail,

though there existed 70% electorate majority supportthough there existed 70% electorate majority support

and powerful authors in the Assembly and Senate?”and powerful authors in the Assembly and Senate?”

11Assemblymembers, & 1 Senator2 Assemblymembers & 1 Senator

Participated.

Sacramento: State Archives & Assembly Judiciary Committee

Records

Support and Opposition of Legislation

Social Movement Organizations, News Media and Press Releases

Semi-Structured Interviews Archival Research

Grounded Theory Line-by-line

Thematic

Analysis

Integrative Behavioral Conflict ModelIntegrative Behavioral Conflict Model

Level I.Level I.

Level II.Level II.

Level III.Level III.

Structure - The 70%Structure - The 70%

Triggering Events & FramingTriggering Events & Framing

Implicit Index Behavioral ModelImplicit Index Behavioral Model

2005-2006: Proposed by Assemblymembers Berg & Levine.

AB 654:

AB 651:

Passed Rules Committee and Judiciary.Held on the Assembly Floor - No Vote

Gutted and Amended - Sent to SenatePassed Rules CommitteeFailed in Judiciary by a single vote.

Governor said he would veto - should go to voters.

The California Compassionate Choices Act

Overriding socialsocial structural and culturalcultural

factorsfactors that produceproduce legislationlegislation and the

demanddemand for politicalpolitical actionaction.

This is the 70% that Legislators looked to This is the 70% that Legislators looked to in justifying this legislation:in justifying this legislation:

Structural Foundations - Defined:

‣“Public remains supportive of doctor-assisted suicide”‣“70% would favor the practice”

‣“Most would favor doctor-assisted euthanasia as an option if they were terminally-ill”

From Cal Report ‘06: (1778 polled)From Cal Report ‘06: (1778 polled)• 37% of terminally-ill received hospice care.37% of terminally-ill received hospice care.

• 90% reported positive view of hospice.90% reported positive view of hospice.

•51% of African-Americans, 46% of Latinos & 51% of African-Americans, 46% of Latinos & 34% of Whites say healthcare in California is poor.34% of Whites say healthcare in California is poor.

• 41% of Whites, 32% of Latinos & 41% of Whites, 32% of Latinos & 21% of African-Americans.21% of African-Americans.

California Minorities Have Special Concerns.California Minorities Have Special Concerns.

Triggering Events:Triggering Events:

A related or unrelatedA related or unrelated event event that provides the that provides the linklink between the between the demand demand forfor actionaction and and

publicpublic policypolicy

Triggering Events:Triggering Events:

Led to the passage of Led to the passage of Pure Food and Drug Act (1906)Pure Food and Drug Act (1906)

Sinclair’s “The Jungle”Sinclair’s “The Jungle”

Triggering Events:Triggering Events:

Absence of a trigger:Absence of a trigger:

““This legislation lacked a triggering event like This legislation lacked a triggering event like that case in Florida”that case in Florida”

-Assemblymember-Assemblymember

Collective Action FramingCollective Action Framing

““A discursive A discursive processprocess of of producingproducing and and

maintainingmaintaining significancesignificance and and sharedshared--meaningmeaning of of

collective action collective action objectivesobjectives””

Collective Action FramingCollective Action Framing

APFN.org

Terri Schiavo: Terri Schiavo:

““Sentenced to Death Sentenced to Death For Being Disabled”For Being Disabled”

Collective Action Framing

SupportSupport OppositionOpposition

AutonomyAutonomyDiscrimination/Discrimination/

Disability RightsDisability Rights

CompassionCompassion Slippery SlopeSlippery Slope

MasterMasterFrameFrame

MotivationalMotivationalFrameFrame

Implicit IndexImplicit Index

The The processprocess by which policy makers by which policy makers weighweigh the the

strengthstrength and and sortsort through the through the noisenoise from from

indicatorsindicators in an effort to make a in an effort to make a decisiondecision..

Implicit Index

Jones & Baumgartner:

Policy makers treated Abu Ghraib as an irrelevant aspect

of Iraqi occupation...

...Until the photos from the prison were published.

Implicit IndexImplicit Index

What were the indicators?What were the indicators?•ConstituencyConstituency

•StaffStaff

•Roll-call Votes & Roll-call Votes & Senior LegislatorsSenior Legislators•Judiciary Committee Judiciary Committee Reports & TestimonyReports & Testimony

Implicit IndexImplicit Index

•Opposition’s Frame Opposition’s Frame StrengthStrength

•High cost in political High cost in political capitalcapital

Without a specific Trigger to align the indicators, Without a specific Trigger to align the indicators, Legislator’s attention shifted to:Legislator’s attention shifted to:

Integrative Behavioral Conflict ModelIntegrative Behavioral Conflict Model

Level I.Level I.

Level II.Level II.

Level III.Level III.

Structure - The 70%Structure - The 70%

Triggering Events & FramingTriggering Events & Framing

Implicit Index Behavioral ModelImplicit Index Behavioral Model

An ideologically diffuse Structure,

the lack of a Triggering Event and

the strength of the Opposition’s

Collective Action Frame raised the

cost in Political Capital, thus making

this legislation untenable.

2005-20062005-2006

•Terri ShiavoTerri Shiavo•Triggers AB 654 and 651Triggers AB 654 and 651

•651 comes to Senate by Gut and Amend651 comes to Senate by Gut and Amend

•Opportunity to bring the battle to the ConservativesOpportunity to bring the battle to the Conservatives

20072007

AB 374 introduced by Speaker NuñezAB 374 introduced by Speaker Nuñez

Los Angeles Mayor election.Los Angeles Mayor election.

““Nuñez was interested in running for Los Angeles Mayor in Nuñez was interested in running for Los Angeles Mayor in next election” - Senatornext election” - Senator

Used this to shore up progressive baseUsed this to shore up progressive base

20072007

Nuñez involvement with bill had obvious repercussionsNuñez involvement with bill had obvious repercussions

Catholic Church - Cardinal Mahoney:Catholic Church - Cardinal Mahoney:While speaking to 250 worshippers Monday at the Cathedral While speaking to 250 worshippers Monday at the Cathedral of Our Lady of the Angels:of Our Lady of the Angels:

"We should be troubled that Fabian Nuñez, who has "We should be troubled that Fabian Nuñez, who has worshipped here in this cathedral as a Catholic...the culture of worshipped here in this cathedral as a Catholic...the culture of death."death."

Fliers depicting him as favoring suicide Fliers depicting him as favoring suicide have been handed out at churches all over have been handed out at churches all over his legislative district.his legislative district.

Structural ContingenciesStructural Contingencies

Jack KevorkianJack Kevorkian

Released from 8 year Released from 8 year prison term during the prison term during the proposal of AB 374.proposal of AB 374.

Opportunity to say: Opportunity to say:

““We’re not like We’re not like this nut!”this nut!”

1991 - 19991991 - 1999

2000 - 20082000 - 2008

June 2007

Structural ContingenciesStructural Contingencies Kevorkian News ArticlesKevorkian News Articles

4 reasons to propose legislation that 4 reasons to propose legislation that you know is not going to pass:you know is not going to pass:

1) To stimulate the structure for a ballot initiative1) To stimulate the structure for a ballot initiative

2) Political entrepreneurship2) Political entrepreneurship

3) Push it to the Gov. in hope that he’ll sign3) Push it to the Gov. in hope that he’ll sign

4) To bring Progressives and Conservatives to a 4) To bring Progressives and Conservatives to a debate on the issue - restructure the Legislature.debate on the issue - restructure the Legislature.

In Conclusion:In Conclusion:

Integrative Behavioral Conflict ModelIntegrative Behavioral Conflict Model

Where legislators looked and what they ignored.Where legislators looked and what they ignored.

Shows the conflict between maintaining Shows the conflict between maintaining legitimacy while furthering political legitimacy while furthering political ambition in an institution overwhelmed by ambition in an institution overwhelmed by sources of information.sources of information.

In Conclusion:In Conclusion:

Criminal negligence: One must show Due-Diligence of lawCriminal negligence: One must show Due-Diligence of law

Our healthcare system is a confounding of Our healthcare system is a confounding of pharmaceutical, healthcare providers, and pharmaceutical, healthcare providers, and insurance companies, all working for a profit.insurance companies, all working for a profit.

Should Physician-Assisted Euthanasia become law, and a Should Physician-Assisted Euthanasia become law, and a Doctor provides you with medication to end your life...Doctor provides you with medication to end your life...

They treat disease, rather than prevent it.They treat disease, rather than prevent it.

Have they performed the Due-Diligence to be absolved from Have they performed the Due-Diligence to be absolved from Criminal Negligence?Criminal Negligence?

In Conclusion:In Conclusion:

Special Thanks toSpecial Thanks toProfessor Dombrink,Professor Dombrink,

Professor Jenness,Professor Jenness,my wife, family,my wife, family,

and my mom.and my mom.