A judge has tossed a California law allowing the terminally ill to take life-ending drugs.

The judge ruled it was unconstitutionally enacted.

Lawyers for advocates and opponents say Riverside County Superior Court Judge Daniel Ottolia did not rule on the legality of physician-assisted death. He issued an oral ruling Tuesday saying lawmakers acted illegally in passing the law during a special session devoted to other topics.

Ottolia kept the law in place and gave the state attorney general five days to appeal.

The Life Legal Defense Foundation, American Academy of Medical Ethics and several physicians brought the lawsuit.

The law allows terminally ill adults to obtain a prescription for life-ending drugs if a doctor has determined they have six months or less to live.

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