Fonseca

ORDER

Approximately one month ago, doctors at a Kaiser Permanente hospital in Rose-ville, California determined that two-year-old Israel Stinson had suffered the irre *856 versible cessation of all functions of his entire brain, including the brain stem. Under California law, this determination means Israel has suffered brain death and is no longer alive. But because Israel’s heart is still beating and he is still breathing, with the support of a ventilator and careful, ongoing medical intervention, Israel’s mother, Jonee Fonseca, asks this court to prohibit Kaiser from ending its life-support efforts. She argues California’s definition of “death” violates the United States Constitution and deprives both her and Israel of due process. She also claims the defendants’ actions have violated the California Constitution and the federal Emergency Treatment and Active Labor Act. She names Kaiser, one of its physicians, and the Director of the California Department of Health as defendants, and she requests a preliminary injunction to maintain and improve Israel’s condition during this lawsuit. Although Kaiser and Ms. Fonseca have been attempting to reach a mediated resolution to…