678. Who Gets to Choose a “Good Death”?

678. Who Gets to Choose a “Good Death”?

61% of people who legally obtain end-of-life medication never use it — what they want is the option, not the act.

Jun 19, 2026 50:25 Difficulty: Intermediate Played

TL;DR

Medical aid in dying (MAID) is moving from the fringes to the mainstream — New York just legalized it, joining 12 states plus D.C. Stephen Dubner speaks with Nobel economist Al Roth, New York Governor Kathy Hochul, ethicist Daniel Sulmasy, and death doula Suzanne O'Brien about who should control the timing of death. Hochul designed the law with strict guardrails after watching her mother die of ALS. Sulmasy argues every safeguard eventually becomes eroded. The most practical takeaway: 61% of people who obtain end-of-life medications never use them — suggesting the option itself, more than the act, is what people crave.

#medical aid in dying #assisted dying legislation #end-of-life autonomy #bioethics #death doula #hospice reform #Hippocratic Oath #repugnant transactions #terminal illness #MAID safeguards #Canada MAID expansion #Catholic opposition to euthanasia #palliative care #personal liberty vs state authority #death acceptance #MAID #assisted suicide #euthanasia #Daniel Kahneman #Al Roth #Kathy Hochul #Daniel Sulmasy #New York #end of life #hospice #autonomy #Nobel Prize #Canada MAID

New York is the latest state to legalize medical aid in dying. Stephen Dubner speaks with the governor who signed the law, a Nobel Prize-winning economist, a death doula — and an ethicist who thinks the very idea is wrong.

Chapter list
  • The episode opens with three back-to-back sponsor reads — Hotels.com promoting member prices and travel rewards, Amica positioning itself as a mutual insurer built for customers, and TalkAboutPD.com raising awareness of Peyronie's disease. Tonally, the reads are professional and matter-of-fact, calibrated for a curious, adult audience. They give no hint of the gravity of the topic to come.

  • The episode opens in earnest with a portrait of Daniel Kahneman: psychologist, Nobel laureate, author of 'Thinking, Fast and Slow,' and one of the most influential thinkers of the 20th century. As Kahneman approached his 90th birthday in relatively good health and with a sharp mind, he made a deliberate decision — he traveled to Paris to celebrate with family, then on to Switzerland, where assisted dying has been legal since 1942, and ended his life. In an email to friends, he wrote that he had believed since his teenage years that the suffering of the last years of life was superfluous, and that he was acting on that belief. Al Roth — Stanford economist, fellow Nobel laureate, and friend — describes Kahneman's decision as considered and unhurried, made by a man who had witnessed difficult deaths and simply did not want one for himself. But the segment does not romanticize the choice: Dubner raises that at least one mutual friend was devastated, feeling that Kahneman's physical and mental health were still good enough that the loss was premature. Roth acknowledges he might have argued against it had he been closer, but insists he would not want to legislate his views onto anyone else. The conversation immediately establishes the episode's animating tension between personal autonomy and the grief of those left behind.

  • Dubner pivots from the emotional story of Kahneman to a more analytical frame, introducing Al Roth as perhaps the world's leading authority on repugnant transactions — his term for market exchanges that some people want but others morally oppose, even if they can't tell whether the transaction has occurred. Roth's new book, 'Moral Economics,' dedicates a chapter to the growing acceptance of assisted dying. The conversation first detours through kidney exchange — Roth's signature contribution, which has helped save thousands of lives by matching donors and recipients without cash — to establish his credibility in designing markets where standard pricing mechanisms are socially unacceptable. Roth then defines repugnant transactions and places MAID in historical company with same-sex marriage and interracial marriage, both once banned and now legal. The framing is dispassionate but clarifying: whether a transaction is repugnant is a social fact, not a permanent moral verdict. Roth notes that markets need social support to function, and that his job as a market designer is to understand that social landscape — not just the economics — before intervening.

  • This chapter provides the historical scaffolding for the rest of the episode. Dubner notes that 12 US states plus D.C. now permit some form of assisted dying, with Oregon the pioneer in 1997. The modern movement traces back to Switzerland, where it has been legal since 1942, and which is where Kahneman traveled to die. Roth then recounts the American origins: the Hemlock Society, which published a frank how-to guide called 'Let Me Die Before I Wake,' and the problem it exposed — people who stockpiled pills but couldn't swallow them when gravely ill. Enter Jack Kevorkian, 'Dr. Death,' who built machines allowing patients to self-administer lethal drugs, filmed their consent, and deliberately informed police to challenge the law. He was tried for murder multiple times before being convicted on the one case where he administered the drug himself rather than letting the patient do it. Roth notes the movement stalled after Kevorkian: the caution around distinguishing 'help in stopping living' from 'aid in dying' has made progress slow.

  • The episode moves from history to the present moment: New York Governor Kathy Hochul has just signed the Medical Aid in Dying Act, set to take effect in August 2025. Dubner walks through the law's specific guardrails — a terminal prognosis of 6 months or less, a mandatory mental health evaluation, an in-person physician visit, a 5-day waiting period after prescription, and a patient-only video or audio request. Hochul speaks in direct, confident terms: she held the veto pen and used it as leverage to force stricter safeguards into the bill before signing. But beneath the political calculation lies profound personal grief. Hochul describes watching her mother deteriorate from ALS — losing her voice, her vision, her ability to communicate — over four to six months before dying in 2014. As a staunch Irish Catholic, Hochul acknowledges the tension with her faith, but says the experience of holding the hands of suffering constituents and hearing their stories made the case morally undeniable. The chapter closes with Hochul characterizing the bill as narrowly tailored, compassionate, and driven by her belief that government should not impose its morality on individuals facing terminal illness.

  • Even before the law has taken effect, Hochul has faced intense backlash from the Catholic Church — priests preaching against her from pulpits, bulletins distributed during Mass. She notes the irony of her own Catholic upbringing: she was raised in a family that protested the Vietnam War, marched for farm workers' rights, and followed priests who led social movements. That tradition of social justice Catholicism, she argues, is entirely consistent with legislating compassion at the end of life. When Dubner raises the potential tension between her support for MAID and the Church's positions on abortion and gay marriage — all rooted in a similar logic of bodily autonomy — Hochul deflects: she doesn't judge people for theological inconsistency, and she identifies as a 'cafeteria Catholic' in good company. More substantively, she frames the signing as an act of personal liberty: her views as governor cannot dictate what happens for 20 million people with different opinions. She also addresses the concern about unintended consequences — particularly the parallel between MAID and suicide prevention spending — by pointing to how narrowly tailored the law is, requiring both a physician and a mental health professional to confirm a 6-month prognosis.

  • A cluster of sponsor reads punctuates the transition from Hochul's interview to the opposing arguments. Cash App promotes its Bitcoin features with a $10 new-customer offer using code CashApp10. Ozempic advertises its semaglutide tablets (4 and 9 mg) as a rethinking of what GLP-1s can do. Southern New Hampshire University pitches its 200+ online degree programs as a smart personal investment. The reads are well-produced and tonally neutral, allowing the episode to reset before moving into the more philosophically confrontational second half.

  • The episode's analytical spine resurfaces here. A 2024 Gallup poll showing 71% of American support for legal assisted dying suggests broad consensus — but Roth immediately complicates the picture. Two sitting Supreme Court justices, Neil Gorsuch and Amy Coney Barrett, have both written explicitly against MAID: Barrett in her pre-judicial work on the obligations of Catholic judges, Gorsuch in a book arguing against assisted suicide. Roth notes that since the 1997 unanimous Supreme Court ruling left the issue to the states, opponents are now looking for a case to bring back to the Court — where the current conservative majority would likely be more receptive to banning it. The conversation then turns to Canada, where MAID now accounts for approximately 5% of all deaths, and where Roth suggests that much of the high number reflects previously covert end-of-life practices by doctors administering high doses of pain medication. But the larger policy question — whether Canada's expansion to non-terminal cases and possible expansion to mental illness represents a genuine slippery slope — is left productively unresolved.

  • Daniel Sulmasy enters the episode as its most combative voice — a physician-philosopher-friar who left a Franciscan order after more than 25 years to marry, but whose views on MAID come primarily from his bedside experience rather than his faith. He begins with a blunt three-part indictment: bad medicine, bad ethics, bad public policy. On medicine: the reasons people actually follow through on MAID — loss of control, fear of being a burden, loss of autonomy — are not medical diagnoses, and they are not appropriate grounds for a physician to prescribe lethal medication. On ethics: the Hippocratic covenant is built on three bedrock rules — no secrets disclosed, no sex, no killing — and MAID violates the last. On policy: what Sulmasy calls 'vaporware' — every guardrail that legislators promise will hold has historically been dismantled. He cites states eliminating waiting periods, waiving residency requirements, and the Canadian system expanding from terminal illness to non-terminal conditions and potentially to mental illness as its sole criterion. His conclusion is not that he expects to win politically, but that history will vindicate him when society 'comes to its senses.'

  • Dubner pushes back on Sulmasy with the autonomy argument: if free will is a cornerstone of Catholic doctrine, how can the Church oppose the free choice to die? Sulmasy's answer is precise: free will is what makes morality possible — without it, there's no praise or blame, no ethics at all. But free will doesn't mean every choice is right; it means we are capable of choosing, and capable of being wrong. The exchange escalates to Sulmasy's most memorable observation: American culture has elevated control to its highest value, but control can't account for the three most important human experiences — birth, death, and love. You can't choose your biological parents, you can't avoid death, and you can't force love without negating it. Sulmasy also raises the economics of the Canadian case: health economists were publishing financial savings analyses for MAID even before the ink on the court decision was dry. His colleague's counter: if your healthcare system doesn't provide good end-of-life care, fix the system — don't prescribe death as the cost-effective alternative.

  • Drip Drop leads with its doctor-developed electrolyte formula, noting it's used by firefighters, medical professionals, and 90% of top college and pro sports teams, and offers podcast listeners 20% off with promo code Freakonomics. Ozempic returns with its semaglutide tablet messaging. Southern Company closes with its $80 billion infrastructure investment commitment and a brand message about powering possibilities for future generations. The break allows the episode to shift emotional register from abstract philosophical debate to the more personal and practical world of death doulas.

  • The mood briefly lightens as Dubner checks in on Roth himself — 74, cycling to the Stanford campus, in good health. Roth reflects that his extensive thinking about organ donation has made him a committed deceased donor, and that moving to California in 2012 prompted him and his partner to consider what aging in place might look like: they made sure the bathrooms were big enough and the house could easily be made wheelchair accessible. It's a small, practical insight into how an economist thinks about future-proofing a life. Dubner then makes a rare personal disclosure: his sister died the previous year, a 'pretty rotten death' in which she wanted to hasten the end but they couldn't physically orchestrate it. The experience, he says, made him think that almost anyone who encounters a bad death firsthand might immediately become a supporter of MAID. Roth agrees: an aging population means more people have now witnessed a peer's agonizing death, and he expects support to grow.

  • O'Brien's path into death work is itself a story about institutional failure. Six months into hospital nursing, she felt unfulfilled by a system that prioritized documentation and medication over presence and education. A 'little voice' told her to try hospice, and from her first day with hospice patients, she knew she was in the right place. But even hospice, she argues, is structurally broken: the 1982 Reagan-era hospice benefit democratized access but locked in a reimbursement model that makes thorough care impossible. Hospice nurses have approximately one hour per week per patient. The result is that 98% of hands-on end-of-life care falls to untrained family caregivers — people in fight-or-flight, overwhelmed, and underprepared. Death doulas fill this gap: they're educated in medical terminology and disease progression, act as eyes and ears for hospice teams between visits, reinforce patient teaching, and provide continuity of presence. O'Brien's Doula Givers Institute offers free training online; in 16 years, it has reached over 400,000 people from 39 countries. A volunteer trip to Zimbabwe — where 7-year-olds cared for dying parents with no medication but with education and time — showed her what community-based end-of-life care could look like.

  • The conversation reaches its most layered moment as Dubner asks O'Brien how her work intersects with MAID. She doesn't offer a simple answer. In her experience at the bedside — with ALS patients, cancer patients, people terrified of suffocation or becoming a burden — she hears fear underneath the demand for assisted dying. Her approach is to address the fear directly: educating patients on what medications are available for breathing difficulties, on what the dying process actually looks like, on how their families can be supported. She recounts an ALS patient who said early on 'when the time comes, I'll take care of it' — code for a plan to take his own life — and how building trust and providing education changed that calculus. O'Brien's most revealing data point: 61% of people who legally obtain end-of-life medications under MAID laws never use them. What they want, she argues, is the sense of control — the option in their back pocket — not the act itself. She stops short of calling MAID unnecessary, acknowledging cases of intractable pain where it may be the right answer. But she argues that a massive education gap means people are fighting for laws when they already have tools they don't know about.

  • The episode's most hopeful segment arrives as O'Brien answers Dubner's question about when to start thinking about death. Her answer — 'When you were 40' — is partly serious. Working with dying patients transformed her own life overnight: she stopped seeing exercise as a burden and started seeing it as a gift, treating each day as 'one little lifetime'. She distills her philosophy into a few principles: find moments of joy, practice presence and purpose, cultivate gratitude, forgive and receive forgiveness, and don't leave undone what matters to you. The argument is that making friends with death enables a fuller life — not a morbid preoccupation but a realistic reckoning with mortality that ancient societies and modern hospice workers alike have known to be healing. The conversation is warm, slightly urgent, and devoid of the abstractions that dominated the earlier philosophical debates.

  • The episode brings its threads together as Dubner relays O'Brien's observation — that modern people have lost the communal skill of ushering someone into death — to Hochul. The governor agrees readily: opening the MAID door may catalyze a broader awakening about how society approaches death, quality of life, and personal dignity. She envisions legislation leading to a more honest cultural reckoning with mortality. On a more practical note, Hochul reveals a specific frustration: she has been asking New York medical schools why they aren't teaching non-opioid pain management, and she never gets a good answer — but she keeps asking. It's a brief, revealing moment of gubernatorial persistence in the face of institutional inertia.

  • Stephen Dubner closes with thanks to Kathy Hochul, Suzanne O'Brien, Daniel Sulmasy, and Al Roth, and offers a brief reflection on the quality of the Freakonomics Radio audience. He announces a new video show launching in July — currently in stealth mode — and invites the first 100 interested listeners to sign up via the show notes link to pre-screen episodes. A teaser for the next episode follows: a conversation with Daniel Diermeier, Chancellor of Vanderbilt University, on what he sees as a serious problem in American higher education. Dubner closes with his signature sign-off.

  • The episode closes with a final cluster of commercial content. Vitamix promotes its blenders as a do-it-all kitchen tool that replaces a dozen appliances, citing the LA Times statistic that the average American home contains 300,000 items. A cross-promo follows for 'A History of the United States in 100 Objects,' a new podcast from 99% Invisible and BBC Studios available on the 99% Invisible feed. OnDeck closes out with a pitch for small business loans up to $400,000, noting its A+ Better Business Bureau rating. Production credits roll internally.

MAID (Medical Aid in Dying)
A practice whereby a terminally ill patient is prescribed lethal medication they can self-administer to end their life; the preferred clinical term in the US, distinct from euthanasia where a physician administers the drug.
Repugnant transaction
Economist Al Roth's term for a market exchange that some people want and others morally oppose — even if the objectors are not directly involved and cannot tell if it has occurred.
Death doula
A trained non-medical professional who provides emotional, educational, and practical support to dying people and their families, analogous to a birth doula but at the end of life.
Hippocratic Oath
An ancient Greek oath attributed to Hippocrates binding physicians to ethical practice; includes a traditional prohibition against administering lethal drugs, cited by opponents of MAID.
Palliative care
Specialized medical care focused on relieving pain, symptoms, and stress in seriously ill patients, aiming to improve quality of life rather than cure disease.
Hospice
A model of care for people near the end of life that prioritizes comfort over curative treatment; in the US, the Medicare hospice benefit (established 1982) funds care for those with a terminal prognosis of 6 months or less.
Kidney exchange
A system designed by Al Roth in which incompatible donor-recipient pairs are matched with other pairs so that everyone can receive a compatible kidney without cash payment.
Bony metastases
Cancer that has spread from its original site to the bones, causing severe pain; Al Roth cited this as a context in which physicians may administer high doses of painkillers that incidentally shorten life.
Vaporware
Originally a tech term for software announced but never delivered; used here by Daniel Sulmasy to mean that MAID safeguards are promises that don't hold up in practice.
Market design
An economics sub-field, pioneered partly by Al Roth, that engineers markets where standard price mechanisms fail — such as organ donation, school choice, and medical residency matching.
Voluntary stopping of eating and drinking (VSED)
A legal end-of-life option referenced implicitly in the discussion, in which a patient refuses food and water to hasten death; distinct from MAID but used in states without MAID laws.
Slippery slope
A logical argument that one change will inevitably lead to a cascade of further changes; used here by MAID critics who point to Canada's expanded eligibility as evidence that initial safeguards erode over time.
Semaglutide
The active ingredient in Ozempic and Wegovy; a GLP-1 receptor agonist originally developed for type 2 diabetes but widely used for weight loss; mentioned in sponsor reads.
Salient
Most noticeable or important; Stephen Dubner uses it to describe how the certainty of death must have felt particularly vivid to Kahneman as he approached 90.
Hegemonic
Dominant or ruling; implicitly present in Sulmasy's critique that a particular American philosophy of control has become hegemonic in bioethical debates.
Guardrails
Regulatory safeguards written into law to prevent abuse; Governor Hochul used the term to describe the restrictions she required before signing New York's MAID Act.

Chapter 2 · 01:00

Daniel Kahneman's Chosen Death

The episode opens in earnest with a portrait of Daniel Kahneman: psychologist, Nobel laureate, author of 'Thinking, Fast and Slow,' and one of the most influential thinkers of the 20th century. As Kahneman approached his 90th birthday in relatively good health and with a sharp mind, he made a deliberate decision — he traveled to Paris to celebrate with family, then on to Switzerland, where assisted dying has been legal since 1942, and ended his life. In an email to friends, he wrote that he had believed since his teenage years that the suffering of the last years of life was superfluous, and that he was acting on that belief. Al Roth — Stanford economist, fellow Nobel laureate, and friend — describes Kahneman's decision as considered and unhurried, made by a man who had witnessed difficult deaths and simply did not want one for himself. But the segment does not romanticize the choice: Dubner raises that at least one mutual friend was devastated, feeling that Kahneman's physical and mental health were still good enough that the loss was premature. Roth acknowledges he might have argued against it had he been closer, but insists he would not want to legislate his views onto anyone else. The conversation immediately establishes the episode's animating tension between personal autonomy and the grief of those left behind.

Society & Culture
Daniel Kahneman's Final Decision

678. Who Gets to Choose a “Good Death”? · Jun 19, 2026 Society & Culture

At 90, Nobel economist Daniel Kahneman traveled to Switzerland and ended his life, citing a lifelong belief that 'the miseries and indignities of the last years of life are superfluous.' His close friend Al Roth says the decision was considered, unhurried, and consistent with who Kahneman was.

Chapter 3 · 05:40

Al Roth on Repugnant Transactions and the Economics of MAID

Dubner pivots from the emotional story of Kahneman to a more analytical frame, introducing Al Roth as perhaps the world's leading authority on repugnant transactions — his term for market exchanges that some people want but others morally oppose, even if they can't tell whether the transaction has occurred. Roth's new book, 'Moral Economics,' dedicates a chapter to the growing acceptance of assisted dying. The conversation first detours through kidney exchange — Roth's signature contribution, which has helped save thousands of lives by matching donors and recipients without cash — to establish his credibility in designing markets where standard pricing mechanisms are socially unacceptable. Roth then defines repugnant transactions and places MAID in historical company with same-sex marriage and interracial marriage, both once banned and now legal. The framing is dispassionate but clarifying: whether a transaction is repugnant is a social fact, not a permanent moral verdict. Roth notes that markets need social support to function, and that his job as a market designer is to understand that social landscape — not just the economics — before intervening.

Claims made here

Almost 100,000 Americans are on the waiting list for a deceased donor kidney and 500,000 people are on dialysis in the United States.

Al Roth no source cited

Society & Culture
Al Roth: Repugnant Transactions and Assisted Dying

678. Who Gets to Choose a “Good Death”? · Jun 19, 2026 Society & Culture

Al Roth's concept of 'repugnant transactions' — things some people want and others oppose on moral grounds, regardless of harm — puts assisted dying in the same historical bucket as same-sex marriage and interracial marriage. Social support, Roth argues, is what makes or breaks any contested market.

Chapter 4 · 09:40

The History of MAID: Hemlock Society to Kevorkian to Oregon

This chapter provides the historical scaffolding for the rest of the episode. Dubner notes that 12 US states plus D.C. now permit some form of assisted dying, with Oregon the pioneer in 1997. The modern movement traces back to Switzerland, where it has been legal since 1942, and which is where Kahneman traveled to die. Roth then recounts the American origins: the Hemlock Society, which published a frank how-to guide called 'Let Me Die Before I Wake,' and the problem it exposed — people who stockpiled pills but couldn't swallow them when gravely ill. Enter Jack Kevorkian, 'Dr. Death,' who built machines allowing patients to self-administer lethal drugs, filmed their consent, and deliberately informed police to challenge the law. He was tried for murder multiple times before being convicted on the one case where he administered the drug himself rather than letting the patient do it. Roth notes the movement stalled after Kevorkian: the caution around distinguishing 'help in stopping living' from 'aid in dying' has made progress slow.

Claims made here

There are now 12 US states plus the District of Columbia where some form of assisted dying is allowed, with Oregon being the first in 1997.

Stephen Dubner no source cited

Assisted suicide has been legal in Switzerland since 1942.

Stephen Dubner no source cited

New York's Medical Aid in Dying Act requires a terminal prognosis of 6 months or less, a mandatory mental health evaluation, an in-person physician visit, a 5-day waiting period, and a patient-only video or audio request.

Stephen Dubner no source cited

History
Jack Kevorkian and the Origins of MAID in America

678. Who Gets to Choose a “Good Death”? · Jun 19, 2026 History

Jack Kevorkian built a machine to allow patients to self-administer lethal drugs, filmed their decisions, informed police, and was tried for murder multiple times before being convicted and imprisoned. His public advocacy — controversial and confrontational — planted the seed for a movement that took decades to gain legal footing.

Government
The Guardrails in New York's MAID Law

678. Who Gets to Choose a “Good Death”? · Jun 19, 2026 Government

New York's MAID law, effective August 2025, requires a terminal prognosis of 6 months or less, a mandatory mental health evaluation, an in-person physician visit, a 5-day waiting period, and a video or audio recording of the patient's request. Hochul insisted on these guardrails as the price of her signature.

Chapter 5 · 12:10

Governor Hochul Signs New York's Medical Aid in Dying Act

The episode moves from history to the present moment: New York Governor Kathy Hochul has just signed the Medical Aid in Dying Act, set to take effect in August 2025. Dubner walks through the law's specific guardrails — a terminal prognosis of 6 months or less, a mandatory mental health evaluation, an in-person physician visit, a 5-day waiting period after prescription, and a patient-only video or audio request. Hochul speaks in direct, confident terms: she held the veto pen and used it as leverage to force stricter safeguards into the bill before signing. But beneath the political calculation lies profound personal grief. Hochul describes watching her mother deteriorate from ALS — losing her voice, her vision, her ability to communicate — over four to six months before dying in 2014. As a staunch Irish Catholic, Hochul acknowledges the tension with her faith, but says the experience of holding the hands of suffering constituents and hearing their stories made the case morally undeniable. The chapter closes with Hochul characterizing the bill as narrowly tailored, compassionate, and driven by her belief that government should not impose its morality on individuals facing terminal illness.

Government
Governor Hochul's Mother and the ALS Decision

678. Who Gets to Choose a “Good Death”? · Jun 19, 2026 Government

Kathy Hochul watched her mother deteriorate from ALS for months before dying in 2014, losing her voice, vision, and ability to communicate. That experience was the hidden force behind her decision to sign the Medical Aid in Dying Act — though she insists policy must not be driven by personal experience alone.

Chapter 6 · 16:10

Hochul on Opposition, Catholic Pushback, and Personal Liberty

Even before the law has taken effect, Hochul has faced intense backlash from the Catholic Church — priests preaching against her from pulpits, bulletins distributed during Mass. She notes the irony of her own Catholic upbringing: she was raised in a family that protested the Vietnam War, marched for farm workers' rights, and followed priests who led social movements. That tradition of social justice Catholicism, she argues, is entirely consistent with legislating compassion at the end of life. When Dubner raises the potential tension between her support for MAID and the Church's positions on abortion and gay marriage — all rooted in a similar logic of bodily autonomy — Hochul deflects: she doesn't judge people for theological inconsistency, and she identifies as a 'cafeteria Catholic' in good company. More substantively, she frames the signing as an act of personal liberty: her views as governor cannot dictate what happens for 20 million people with different opinions. She also addresses the concern about unintended consequences — particularly the parallel between MAID and suicide prevention spending — by pointing to how narrowly tailored the law is, requiring both a physician and a mental health professional to confirm a 6-month prognosis.

Chapter 7 · 20:30

Mid-Episode Sponsor Break

A cluster of sponsor reads punctuates the transition from Hochul's interview to the opposing arguments. Cash App promotes its Bitcoin features with a $10 new-customer offer using code CashApp10. Ozempic advertises its semaglutide tablets (4 and 9 mg) as a rethinking of what GLP-1s can do. Southern New Hampshire University pitches its 200+ online degree programs as a smart personal investment. The reads are well-produced and tonally neutral, allowing the episode to reset before moving into the more philosophically confrontational second half.

Claims made here

A 2024 Gallup survey found that 71% of Americans believe doctors should be allowed by law to end a patient's life by painless means if the patient and family request it.

Stephen Dubner 2024 Gallup survey

Chapter 8 · 22:50

Public Opinion and the Supreme Court's Shadow

The episode's analytical spine resurfaces here. A 2024 Gallup poll showing 71% of American support for legal assisted dying suggests broad consensus — but Roth immediately complicates the picture. Two sitting Supreme Court justices, Neil Gorsuch and Amy Coney Barrett, have both written explicitly against MAID: Barrett in her pre-judicial work on the obligations of Catholic judges, Gorsuch in a book arguing against assisted suicide. Roth notes that since the 1997 unanimous Supreme Court ruling left the issue to the states, opponents are now looking for a case to bring back to the Court — where the current conservative majority would likely be more receptive to banning it. The conversation then turns to Canada, where MAID now accounts for approximately 5% of all deaths, and where Roth suggests that much of the high number reflects previously covert end-of-life practices by doctors administering high doses of pain medication. But the larger policy question — whether Canada's expansion to non-terminal cases and possible expansion to mental illness represents a genuine slippery slope — is left productively unresolved.

Claims made here

The 1997 Supreme Court ruling was unanimous and found there is no constitutional right to assisted suicide, leaving the issue to the states.

Stephen Dubner no source cited

When doctors are surveyed privately in Australia, a significant amount of covert medical aid in dying is revealed, according to a published paper.

Al Roth Australian survey paper (unspecified)

Roughly 1 in 20 deaths in Canada — approximately 5% — runs through the government-run assisted suicide program.

Stephen Dubner no source cited

Government
The Slippery Slope: Canada as Warning

678. Who Gets to Choose a “Good Death”? · Jun 19, 2026 Government

Canada's MAID system now accounts for roughly 5% of all deaths, has expanded beyond terminal cases, and has debated extending eligibility to people whose sole condition is mental illness. Critics like Sulmasy see this as proof that any safeguards written into law will eventually be dismantled.

Chapter 9 · 26:20

Daniel Sulmasy: The Case Against MAID

Daniel Sulmasy enters the episode as its most combative voice — a physician-philosopher-friar who left a Franciscan order after more than 25 years to marry, but whose views on MAID come primarily from his bedside experience rather than his faith. He begins with a blunt three-part indictment: bad medicine, bad ethics, bad public policy. On medicine: the reasons people actually follow through on MAID — loss of control, fear of being a burden, loss of autonomy — are not medical diagnoses, and they are not appropriate grounds for a physician to prescribe lethal medication. On ethics: the Hippocratic covenant is built on three bedrock rules — no secrets disclosed, no sex, no killing — and MAID violates the last. On policy: what Sulmasy calls 'vaporware' — every guardrail that legislators promise will hold has historically been dismantled. He cites states eliminating waiting periods, waiving residency requirements, and the Canadian system expanding from terminal illness to non-terminal conditions and potentially to mental illness as its sole criterion. His conclusion is not that he expects to win politically, but that history will vindicate him when society 'comes to its senses.'

Claims made here

States that had waiting periods written into MAID laws are now eliminating them, and residency requirements are being waived.

Daniel Sulmasy no source cited

Health & Fitness
Daniel Sulmasy: Why MAID Is Bad Medicine

678. Who Gets to Choose a “Good Death”? · Jun 19, 2026 Health & Fitness

Daniel Sulmasy argues that medical aid in dying is bad medicine because the reasons people actually seek it — loss of control, fear of being a burden, loss of autonomy — are not medical diagnoses. It's also bad ethics because it breaks the foundational covenant of medicine, and bad public policy because every safeguard has historically been eroded.

Chapter 10 · 31:10

Sulmasy on Autonomy, Free Will, and the Philosophy of Control

Dubner pushes back on Sulmasy with the autonomy argument: if free will is a cornerstone of Catholic doctrine, how can the Church oppose the free choice to die? Sulmasy's answer is precise: free will is what makes morality possible — without it, there's no praise or blame, no ethics at all. But free will doesn't mean every choice is right; it means we are capable of choosing, and capable of being wrong. The exchange escalates to Sulmasy's most memorable observation: American culture has elevated control to its highest value, but control can't account for the three most important human experiences — birth, death, and love. You can't choose your biological parents, you can't avoid death, and you can't force love without negating it. Sulmasy also raises the economics of the Canadian case: health economists were publishing financial savings analyses for MAID even before the ink on the court decision was dry. His colleague's counter: if your healthcare system doesn't provide good end-of-life care, fix the system — don't prescribe death as the cost-effective alternative.

Claims made here

Shortly after Canada's court decision requiring MAID legalization, health economists published papers calculating the financial savings for the Canadian healthcare system.

Daniel Sulmasy no source cited

Business
The Economics of Assisted Dying in Canada

678. Who Gets to Choose a “Good Death”? · Jun 19, 2026 Business

Shortly after Canada's court ruling requiring MAID legalization, health economists were already publishing papers on how much the cash-strapped Canadian healthcare system would save. Sulmasy's counter: if your healthcare system isn't giving people good end-of-life care, fix the system — don't prescribe death.

Society & Culture
Control Can't Account for Birth, Death, or Love

678. Who Gets to Choose a “Good Death”? · Jun 19, 2026 Society & Culture

The American demand for assisted dying is rooted in a cultural obsession with control. But control, Sulmasy argues, is a philosophically bankrupt foundation: you can't control who your parents were, you can't avoid death, and you can't force someone to love you. A value system built on control excludes the three most important things in human life.

Chapter 12 · 39:35

Al Roth on Living Well and Aging With Intention

The mood briefly lightens as Dubner checks in on Roth himself — 74, cycling to the Stanford campus, in good health. Roth reflects that his extensive thinking about organ donation has made him a committed deceased donor, and that moving to California in 2012 prompted him and his partner to consider what aging in place might look like: they made sure the bathrooms were big enough and the house could easily be made wheelchair accessible. It's a small, practical insight into how an economist thinks about future-proofing a life. Dubner then makes a rare personal disclosure: his sister died the previous year, a 'pretty rotten death' in which she wanted to hasten the end but they couldn't physically orchestrate it. The experience, he says, made him think that almost anyone who encounters a bad death firsthand might immediately become a supporter of MAID. Roth agrees: an aging population means more people have now witnessed a peer's agonizing death, and he expects support to grow.

Health & Fitness
Suzanne O'Brien: What a Death Doula Actually Does

678. Who Gets to Choose a “Good Death”? · Jun 19, 2026 Health & Fitness

Death doulas are trained in medical terminology and disease progression but focus on emotional support, education, and presence — acting as the eyes and ears for hospice teams that can only visit for one hour a week. O'Brien's Doula Givers Institute has trained over 400,000 people in 39 countries.

Chapter 13 · 41:45

Suzanne O'Brien: The Rise of the Death Doula

O'Brien's path into death work is itself a story about institutional failure. Six months into hospital nursing, she felt unfulfilled by a system that prioritized documentation and medication over presence and education. A 'little voice' told her to try hospice, and from her first day with hospice patients, she knew she was in the right place. But even hospice, she argues, is structurally broken: the 1982 Reagan-era hospice benefit democratized access but locked in a reimbursement model that makes thorough care impossible. Hospice nurses have approximately one hour per week per patient. The result is that 98% of hands-on end-of-life care falls to untrained family caregivers — people in fight-or-flight, overwhelmed, and underprepared. Death doulas fill this gap: they're educated in medical terminology and disease progression, act as eyes and ears for hospice teams between visits, reinforce patient teaching, and provide continuity of presence. O'Brien's Doula Givers Institute offers free training online; in 16 years, it has reached over 400,000 people from 39 countries. A volunteer trip to Zimbabwe — where 7-year-olds cared for dying parents with no medication but with education and time — showed her what community-based end-of-life care could look like.

Claims made here

The current US hospice model relies on family caregivers for 98% of hands-on end-of-life care, with hospice nurses visiting for about 1 hour per week.

Suzanne O'Brien no source cited

The Medicare hospice benefit came into effect in 1982 under President Ronald Reagan.

Suzanne O'Brien no source cited

The Doula Givers Institute has trained over 400,000 people from 39 countries in end-of-life care over 16 years.

Suzanne O'Brien no source cited

Health & Fitness
The Hospice Model Is Broken

678. Who Gets to Choose a “Good Death”? · Jun 19, 2026 Health & Fitness

The current hospice model relies on family caregivers for 98% of hands-on end-of-life care, with nurses visiting for only about one hour per week. O'Brien traces the problem to the 1982 hospice benefit under Reagan, which broadened access but locked in a reimbursement model that leaves families overwhelmed and underprepared.

Chapter 14 · 46:30

Death Doulas, MAID, and the 61% Who Never Use the Medication

The conversation reaches its most layered moment as Dubner asks O'Brien how her work intersects with MAID. She doesn't offer a simple answer. In her experience at the bedside — with ALS patients, cancer patients, people terrified of suffocation or becoming a burden — she hears fear underneath the demand for assisted dying. Her approach is to address the fear directly: educating patients on what medications are available for breathing difficulties, on what the dying process actually looks like, on how their families can be supported. She recounts an ALS patient who said early on 'when the time comes, I'll take care of it' — code for a plan to take his own life — and how building trust and providing education changed that calculus. O'Brien's most revealing data point: 61% of people who legally obtain end-of-life medications under MAID laws never use them. What they want, she argues, is the sense of control — the option in their back pocket — not the act itself. She stops short of calling MAID unnecessary, acknowledging cases of intractable pain where it may be the right answer. But she argues that a massive education gap means people are fighting for laws when they already have tools they don't know about.

Claims made here

The average cost of a funeral in the United States is between $7,000 and $11,000.

Suzanne O'Brien no source cited

Chapter 15 · 50:30

Making Friends With Death: O'Brien's Philosophy of Living

The episode's most hopeful segment arrives as O'Brien answers Dubner's question about when to start thinking about death. Her answer — 'When you were 40' — is partly serious. Working with dying patients transformed her own life overnight: she stopped seeing exercise as a burden and started seeing it as a gift, treating each day as 'one little lifetime'. She distills her philosophy into a few principles: find moments of joy, practice presence and purpose, cultivate gratitude, forgive and receive forgiveness, and don't leave undone what matters to you. The argument is that making friends with death enables a fuller life — not a morbid preoccupation but a realistic reckoning with mortality that ancient societies and modern hospice workers alike have known to be healing. The conversation is warm, slightly urgent, and devoid of the abstractions that dominated the earlier philosophical debates.

Claims made here

61% of people who obtain end-of-life medication under MAID laws do not ultimately use it.

Suzanne O'Brien no source cited

Health & Fitness
61% Never Use the Medication — So What Do They Want?

678. Who Gets to Choose a “Good Death”? · Jun 19, 2026 Health & Fitness

61% of people who legally obtain end-of-life medication under MAID laws never use it. O'Brien argues this reveals the real driver: people want the option, the sense of control, not necessarily the act itself — which raises the question of whether addressing fear is a better intervention than prescribing lethal drugs.

Health & Fitness
Making Friends With Death to Live Fully

678. Who Gets to Choose a “Good Death”? · Jun 19, 2026 Health & Fitness

O'Brien says confronting death changed her life overnight: she went from 'I have to go to the gym' to 'I get to go to the gym.' She argues that accepting death's inevitability is not morbid but liberating, and that this awareness — once passed down generationally — can be taught and restored.

Chapter 16 · 53:20

Hochul: MAID as the Opening of a Broader Conversation

The episode brings its threads together as Dubner relays O'Brien's observation — that modern people have lost the communal skill of ushering someone into death — to Hochul. The governor agrees readily: opening the MAID door may catalyze a broader awakening about how society approaches death, quality of life, and personal dignity. She envisions legislation leading to a more honest cultural reckoning with mortality. On a more practical note, Hochul reveals a specific frustration: she has been asking New York medical schools why they aren't teaching non-opioid pain management, and she never gets a good answer — but she keeps asking. It's a brief, revealing moment of gubernatorial persistence in the face of institutional inertia.

No indexed bits in this chapter.

Show stoppers

Health & Fitness
61% Never Use the Medication — So What Do They Want?

678. Who Gets to Choose a “Good Death”? · Jun 19, 2026 Health & Fitness

61% of people who legally obtain end-of-life medication under MAID laws never use it. O'Brien argues this reveals the real driver: people want the option, the sense of control, not necessarily the act itself — which raises the question of whether addressing fear is a better intervention than prescribing lethal drugs.

Society & Culture
Daniel Kahneman's Final Decision

678. Who Gets to Choose a “Good Death”? · Jun 19, 2026 Society & Culture

At 90, Nobel economist Daniel Kahneman traveled to Switzerland and ended his life, citing a lifelong belief that 'the miseries and indignities of the last years of life are superfluous.' His close friend Al Roth says the decision was considered, unhurried, and consistent with who Kahneman was.

Health & Fitness
Daniel Sulmasy: Why MAID Is Bad Medicine

678. Who Gets to Choose a “Good Death”? · Jun 19, 2026 Health & Fitness

Daniel Sulmasy argues that medical aid in dying is bad medicine because the reasons people actually seek it — loss of control, fear of being a burden, loss of autonomy — are not medical diagnoses. It's also bad ethics because it breaks the foundational covenant of medicine, and bad public policy because every safeguard has historically been eroded.

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2 / 15 cited (13%)

Factual claims made this episode, and whether a source was named.

There are now 12 US states plus the District of Columbia where some form of assisted dying is allowed, with Oregon being the first in 1997.

Stephen Dubner no source cited

Assisted suicide has been legal in Switzerland since 1942.

Stephen Dubner no source cited

A 2024 Gallup survey found that 71% of Americans believe doctors should be allowed by law to end a patient's life by painless means if the patient and family request it.

Stephen Dubner 2024 Gallup survey

Roughly 1 in 20 deaths in Canada — approximately 5% — runs through the government-run assisted suicide program.

Stephen Dubner no source cited

When doctors are surveyed privately in Australia, a significant amount of covert medical aid in dying is revealed, according to a published paper.

Al Roth Australian survey paper (unspecified)

Almost 100,000 Americans are on the waiting list for a deceased donor kidney and 500,000 people are on dialysis in the United States.

Al Roth no source cited

New York's Medical Aid in Dying Act requires a terminal prognosis of 6 months or less, a mandatory mental health evaluation, an in-person physician visit, a 5-day waiting period, and a patient-only video or audio request.

Stephen Dubner no source cited

The 1997 Supreme Court ruling was unanimous and found there is no constitutional right to assisted suicide, leaving the issue to the states.

Stephen Dubner no source cited

The current US hospice model relies on family caregivers for 98% of hands-on end-of-life care, with hospice nurses visiting for about 1 hour per week.

Suzanne O'Brien no source cited

The Medicare hospice benefit came into effect in 1982 under President Ronald Reagan.

Suzanne O'Brien no source cited

61% of people who obtain end-of-life medication under MAID laws do not ultimately use it.

Suzanne O'Brien no source cited

The average cost of a funeral in the United States is between $7,000 and $11,000.

Suzanne O'Brien no source cited

Shortly after Canada's court decision requiring MAID legalization, health economists published papers calculating the financial savings for the Canadian healthcare system.

Daniel Sulmasy no source cited

The Doula Givers Institute has trained over 400,000 people from 39 countries in end-of-life care over 16 years.

Suzanne O'Brien no source cited

States that had waiting periods written into MAID laws are now eliminating them, and residency requirements are being waived.

Daniel Sulmasy no source cited

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