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    Washington v. Glucksberg 521 U.S. 702 1997

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    John Yeung
    The Supreme Court affirmed the District Court's ruling and held that a state may prohibit assisted suicide without violating the 14th Amendment. The Court examined the nation's history and traditions and found that assisting suicide has been condemned or punished for over 700 years. While the right to refuse lifesaving treatment is protected, the Court did not find sufficient evidence that the Constitution protects a right to commit suicide with another's assistance. Washington state's ban on assisted suicide was reasonably related to legitimate government interests like protecting life, preventing suicide, protecting vulnerable groups, and avoiding a slide toward euthanasia.

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    Washington v. Glucksberg 521 U.S. 702 1997

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    John Yeung
    127 views2 pages
    The Supreme Court affirmed the District Court's ruling and held that a state may prohibit assisted suicide without violating the 14th Amendment. The Court examined the nation's history and traditions and found that assisting suicide has been condemned or punished for over 700 years. While the right to refuse lifesaving treatment is protected, the Court did not find sufficient evidence that the Constitution protects a right to commit suicide with another's assistance. Washington state's ban on assisted suicide was reasonably related to legitimate government interests like protecting life, preventing suicide, protecting vulnerable groups, and avoiding a slide toward euthanasia.

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    The Supreme Court affirmed the District Court's ruling and held that a state may prohibit assisted suicide without violating the 14th Amendment. The Court examined the nation's history and traditions and found that assisting suicide has been condemned or punished for over 700 years. While the right to refuse lifesaving treatment is protected, the Court did not find sufficient evidence that the Constitution protects a right to commit suicide with another's assistance. Washington state's ban on assisted suicide was reasonably related to legitimate government interests like protecting life, preventing suicide, protecting vulnerable groups, and avoiding a slide toward euthanasia.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    127 views2 pages

    Washington v. Glucksberg 521 U.S. 702 1997

    Uploaded by

    John Yeung
    The Supreme Court affirmed the District Court's ruling and held that a state may prohibit assisted suicide without violating the 14th Amendment. The Court examined the nation's history and traditions and found that assisting suicide has been condemned or punished for over 700 years. While the right to refuse lifesaving treatment is protected, the Court did not find sufficient evidence that the Constitution protects a right to commit suicide with another's assistance. Washington state's ban on assisted suicide was reasonably related to legitimate government interests like protecting life, preventing suicide, protecting vulnerable groups, and avoiding a slide toward euthanasia.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 2

    Washington v. Glucksberg 521 U.S.

    702 1997 and affirmed the District Court

    Primary Holding :A state is permitted under the 14th Amendment to pass a law Hence this certiorari.
    prohibiting assisted suicide.
    WON Washington's prohibition against causing or aiding a suicide offends
    CHIEF JUSTICE REHNQUIST the Fourteenth Amendment to the United States Constitution.
    FACTS: Held: No.
    Petitioners in this case are the State of Washington and its Attorney General. (a) An examination of our Nations history, legal traditions, and practices
    demonstrates that Anglo-American common law has punished or
    Respondents Harold Glucksberg, M. D., Abigail Halperin, M. D., Thomas A. otherwise disapproved of assisting suicide for over 700 years; that rendering
    Preston, M. D., and Peter Shalit, M. D., are physicians who practice in such assistance is still a crime in almost every State; that such
    Washington. These doctors occasionally treat terminally ill, suffering patients, prohibitions have never contained exceptions for those who were near
    and declare that they would assist these patients in ending their lives if not for death; that the prohibitions have in recent years been reexamined and,
    Washington's assisted-suicide ban. for the most part, reaffirmed in a number of States; and that the President
    recently signed the Federal Assisted Suicide Funding Restriction
    In January 1994, respondents, along with three gravely ill, pseudonymous Act of 1997, which prohibits the use of federal funds in support of
    plaintiffs who have since died and Compassion in Dying, a nonprofit physician-assisted suicide.
    organization that counsels people considering physician-assisted suicide, sued
    in the United States District Court, seeking a declaration that Wash. Rev. Code (b) In light of that history, this Courts decisions lead to the conclusion
    9A.36.060(1) (1994) is, on its face, unconstitutional. that respondents asserted right to assistance in committing suicide is
    not a fundamental liberty interest protected by the Due Process Clause.
    Rs' position: Statute is unconstitutional The Courts established method of substantive-due-process analysis has
    the existence of a liberty interest protected by the 14th Amendment two primary features:
    extends to a personal choice by a mentally competent, terminally ill First, the Court has regularly observed that the Clause specially protects those
    adult to commit physician-assisted suicide. The law places an undue fundamental rights and liberties which are, objectively, deeply rooted in this
    burden on the exercise of that constitutionally protected liberty Nations history and tradition. E. g., Moore v. East Cleveland, 431 U. S. 494, 503
    interest. (plurality opinion).
    Rs primarily relied on Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. Second, the Court has required a careful description of the asserted
    833 (1992), and Cruzan v. Director, Mo. Dept. of Health, 497 U. S. 261 (1990), fundamental liberty interest. E. g., Reno v. Flores, 507 U. S. 292, 302.

    The District Court decided in favor of the Rs and likewise ruled that the The Ninth Circuits and respondents various descriptions of the interest
    Washington statute violated the Equal Protection Clause. here at stakee. g., a right to determine the time and manner of ones
    death, the right to die, a liberty to choose how to die, a right to
    A panel of the Court of Appeals for the 9th Circuit reversed, emphasizing that control of ones final days, the right to choose a humane, dignified
    "in the 205 years of our existence no constitutional right to aid in killing oneself death, and the liberty to shape deathrun counter to that second
    has ever been asserted and upheld by a court of final jurisdiction. However, requirement.
    after rehearing the case en banc, the 9th Circuit reversed the panel's decision,
    Since the Washington statute prohibits aiding another person to attempt important and legitimate, and the law at issue is at least reasonably
    suicide, the question before the Court is more properly characterized as related to their promotion and protection.
    whether the liberty specially protected by the Clause includes a right to
    commit suicide which itself includes a right to assistance in doing so. Decision: reversed and remanded

    This asserted right has no place in our Nations traditions, given the countrys
    consistent, almost universal, and continuing rejection of the right, even for
    terminally ill, mentally competent adults. To hold for respondents, the Court
    would have to reverse centuries of legal doctrine and practice, and strike down
    the considered policy choice of almost every State. Respondents contention
    that the asserted interest is consistent with this Courts substantive-due-process
    cases, if not with this Nations history and practice, is unpersuasive.

    The constitutionally protected right to refuse lifesaving hydration and nutrition


    that was discussed in Cruzan was not simply deduced from abstract concepts of
    personal autonomy, but was instead grounded in the Nations history and
    traditions, given the common-law rule that forced medication was a battery, and
    the long legal tradition protecting the decision to refuse unwanted medical
    treatment. And although Casey recognized that many of the rights and liberties
    protected by the Due Process Clause sound in personal autonomy, 505 U. S., at
    852, it does not follow that any and all important, intimate, and personal
    decisions are so protected.

    (c) The constitutional requirement that Washingtons assisted-suicide


    ban be rationally related to legitimate government interests, see, e. g.,
    Heller v. Doe, 509 U. S. 312, 319320, is unquestionably met here.
    These interests include prohibiting intentional killing and preserving
    human life; preventing the serious public-health problem of suicide, especially
    among the young, the elderly, and those suffering from untreated
    pain or from depression or other mental disorders; protecting the medical
    professions integrity and ethics and maintaining physicians
    role as their patients healers; protecting the poor, the elderly, disabled
    persons, the terminally ill, and persons in other vulnerable groups from
    indifference, prejudice, and psychological and financial pressure to end
    their lives; and avoiding a possible slide toward voluntary and perhaps
    even involuntary euthanasia. The relative strengths of these various
    interests need not be weighed exactingly, since they are unquestionably

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