WASHINGTON V. GLUCKSBERG
521 U.S. 702 (1997)
NATURE OF THE CASE: Glucksberg et al (P), were patients and doctors who sought a
declaration that Washington State's (D) ban on assisting suicide was unconstitutional. D
appealed holdings that is statute was unconstitutional.
FACTS: D passed a law that made it a felony to promote a suicide attempt by knowingly
causing or aiding another person to attempt suicide. P and other doctors opposed this law in
that it prohibited them from aiding their terminally ill patients in ending their lives. P
asserted the existence of a liberty interest protected by the Fourteenth Amendment which
extends to a personal choice by a mentally competent, terminally ill adult to commit
physician-assisted suicide. The District Court agreed, and concluded that d's assisted
suicide ban is unconstitutional because it 'places an undue burden on the exercise of [that]
constitutionally protected liberty interest.' A panel of the Court of Appeals for the Ninth
Circuit reversed, emphasizing that, [i]n the two hundred and five years of our existence, no
constitutional right to aid in killing oneself has ever been asserted and upheld by a court
of final jurisdiction. The Ninth Circuit reheard the case en banc, reversed the panel's
decision, and affirmed the District Court. The en banc Court concluded that the Constitution
encompasses a due process liberty interest in controlling the time and manner of one's death
-- that there is, in short, a constitutionally recognized 'right to die.' The Supreme Court
granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
