Posted by: santoshgiri March 24, 2010
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nice issue!
The US Court first
addressed
the issue of the right to die in the 1990 case of Cruzan v.
Director,
Missouri Department of Health. In Cruzan, the Court
considered
whether Missouri could insist on proof by "clear and convincing
evidence"
of a comatose patient's desire to terminate her life before allowing
her
family's wish to disconnect her feeding tube to be carried out.
Seven years
later the
Court faced right to die issues again in two cases involving challenges
to laws criminalizing physician-assisted suicide. The lower
courts
in each case, one involving a Washington state law and another a New
York
statute, found the laws unconstiutional--at least as applied (the 9th
Circuit
decision rested on due process right-to-privacy grounds, the 2nd
Circuit
decision on equal protection grounds.) The Supreme Court reversed in
both
cases, finding the laws to be constiutional.
In 2006, in Gonzales v Oregon, the Court
decided another right-to-die case, although this one primarily on
administrative law grounds, not constitutional grounds.
EXTRACTED FROM: http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/righttodie.htm
Happy reading!
The US Court first
addressed
the issue of the right to die in the 1990 case of Cruzan v.
Director,
Missouri Department of Health. In Cruzan, the Court
considered
whether Missouri could insist on proof by "clear and convincing
evidence"
of a comatose patient's desire to terminate her life before allowing
her
family's wish to disconnect her feeding tube to be carried out.
Seven years
later the
Court faced right to die issues again in two cases involving challenges
to laws criminalizing physician-assisted suicide. The lower
courts
in each case, one involving a Washington state law and another a New
York
statute, found the laws unconstiutional--at least as applied (the 9th
Circuit
decision rested on due process right-to-privacy grounds, the 2nd
Circuit
decision on equal protection grounds.) The Supreme Court reversed in
both
cases, finding the laws to be constiutional.
In 2006, in Gonzales v Oregon, the Court
decided another right-to-die case, although this one primarily on
administrative law grounds, not constitutional grounds.
EXTRACTED FROM: http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/righttodie.htm
Happy reading!