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Criminal Law Keyed to Gershowitz
Washington v. Glucksberg
Citation:
521 U.S. 702, 117 S.Ct. 2258, 138 L.Ed.2d 772.Facts
It has always been a crime to assist a suicide in the State of Washington. Several doctors, the respondents, brought a suit to challenge the ban on assisted suicide. These doctors occasionally treat terminally ill, suffering patients, and declare that they would assist these patients in ending their lives if not for Washington’s assisted suicide ban. They argued that the existence of a liberty interest protected by the Fourteenth Amendment extends to a personal choice by a mentally competent, terminally ill adult to commit physician-assisted suicide.
The District Court agreed, and concluded that Washington’s assisted suicide ban is unconstitutional. The Court of Appeals for the Ninth Circuit affirmed, stating that concluded that “the Constitution encompasses a due process liberty interest in controlling the time and manner of one’s death.” Petitioners, the state of Washington and the Attorney General, appealed.
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