Simone Lawson
The question of whether suicide is protected by the constitution has been a matter of debate in the United States. In 1997, the Supreme Court took up the matter in Washington v. Glucksberg, where Dr. Harold Glucksberg and a group of physicians challenged Washington State's ban on assisted suicide. They argued that assisted suicide and the right to die were protected by the Due Process Clause of the 14th Amendment. The Court, however, disagreed, stating that the right to assisted suicide was not a fundamental liberty interest and that state laws banning it were rationally related to legitimate government interests, such as the protection of human life and medical ethics.
| Characteristics | Values |
|---|---|
| Right to assisted suicide | Not recognised as a fundamental liberty interest |
| Assisted suicide ban | Rationally related to legitimate government interests |
| Assisted suicide ban | Rationally related to the state's interest in protecting human life |
| Assisted suicide ban | Rationally related to protecting medical ethics |
| Assisted suicide ban | Rationally related to protecting disabled and terminally ill people from facing pressure to end their lives |
| Assisted suicide ban | Not considered a violation of the Due Process Clause of the 14th Amendment |
| Assisted suicide | Not deeply rooted in the United States' history and tradition |
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What You'll Learn
Assisted suicide and the right to die
In 1997, the Supreme Court took up the matter of assisted suicide and the right to die in *Washington v. Glucksberg*. In this case, Dr Harold Glucksberg and a group of practising physicians challenged Washington State's ban on assisted suicide. They argued that assisted suicide and the right to die was a liberty interest protected by the Due Process Clause of the 14th Amendment. The district court agreed with them, saying that Washington's ban placed an undue burden on the constitutional right to exercise the personal choice of a mentally competent, terminally ill adult to commit physician-assisted suicide. The Ninth Circuit affirmed this decision, but the Supreme Court disagreed.
In a decision written by Chief Justice William Rehnquist, the Court rejected the idea that the right to assisted suicide was a fundamental liberty interest protected by the Due Process Clause. The Court tracked a detailed historical analysis and found that the right had no place in the country's tradition or history, given the fact that assisted suicide had been consistently rejected in the past and was banned in a large number of states. The Court found that Washington's ban was rationally related to the state's interest in, above all, the protection of human life. They also found legitimate state interests in protecting medical ethics and protecting disabled and terminally ill people from facing pressure to end their lives.
Although the right to assisted suicide is not recognised as a fundamental liberty interest, the Court has determined that state laws similar to California's End of Life Option Act are permitted. The phrase "the Constitution is not a suicide pact" is used in American political and legal discourse to express the belief that constitutional restrictions on governmental power must be balanced against the need for the survival of the state and its people.
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The Supreme Court's rejection of assisted suicide as a fundamental liberty interest
The Court's decision, written by Chief Justice William Rehnquist, followed an established method of substantive due process analysis. The Court asked whether the right was deeply rooted in the United States' history and tradition and implicit in the concept of ordered liberty. Through a detailed historical analysis, the Court found that the right had no place in the country's tradition or history, given the consistent rejection and bans on assisted suicide in the past.
The Court also employed a rationality test, considering whether Washington's assisted suicide ban was rationally related to legitimate government interests. The Court determined that the ban was indeed rationally related to the state's interest in protecting human life, medical ethics, and protecting disabled and terminally ill people from facing pressure to end their lives.
While the Supreme Court has rejected the idea of assisted suicide as a fundamental liberty interest, it has allowed state laws similar to California's End of Life Option Act, indicating a complex and evolving legal landscape surrounding end-of-life decisions. The phrase "the Constitution is not a suicide pact" is often used in American political and legal discourse, emphasising the balance between constitutional restrictions on governmental power and the survival of the state and its people.
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The Due Process Clause of the 14th Amendment
Suicide is not protected by the constitution. In 1997, the Supreme Court took up the matter in *Washington v. Glucksberg*. In that case, Dr Harold Glucksberg and a group of practising physicians challenged Washington State's ban on assisted suicide. They argued that assisted suicide and the right to die was a liberty interest protected by the Due Process Clause of the 14th Amendment. The district court agreed with them, saying that Washington's ban placed an undue burden on the constitutional right to exercise the personal choice by a mentally competent, terminally ill adult to commit physician-assisted suicide. The Ninth Circuit affirmed this decision, but the Supreme Court disagreed.
In a decision written by Chief Justice William Rehnquist, the Court rejected the idea that the right to assisted suicide was a fundamental liberty interest protected by the Due Process Clause. To do so, the Court followed its “established method of substantive due process analysis”. First, the Court asked whether the right was objectively, deeply rooted in the United States’ history and tradition, and “implicit in the concept of ordered liberty”. The Court tracked a detailed historical analysis and found that the right had no place in the country’s tradition or history, given the fact that assisted suicide had been consistently rejected in the past and was banned in a large number of states. Following its determination that the right to assisted suicide is not a fundamental liberty interest, the Court went on to employ a rationality test, as the “Constitution also requires, however, that Washington’s assisted suicide ban be rationally related to legitimate government interests”. The Court found that Washington’s ban was rationally related to the state’s interest in, above all, the protection of human life. They also found legitimate state interests in protecting medical ethics and protecting disabled and terminally ill people from facing pressure to end their lives. Although the right to assisted suicide is not recognised as a fundamental liberty interest, the Court has determined that state laws similar to California’s End of Life Option Act are permitted.
The phrase "the Constitution is not a suicide pact" is used in American political and legal discourse. The phrase expresses the belief that constitutional restrictions on governmental power must be balanced against the need for survival of the state and its people. It is most often attributed to Abraham Lincoln, as a response to charges that he was violating the United States Constitution by suspending habeas corpus during the American Civil War.
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The 'rationality test'
The rationality test is a test used by the Court to determine whether a law is rationally related to legitimate government interests. In the case of Washington v. Glucksberg, the Court found that the ban on assisted suicide was rationally related to the state's interest in protecting human life, medical ethics, and protecting disabled and terminally ill people from facing pressure to end their lives.
The rationality test is a way for the Court to balance the constitutional rights of individuals with the government's interest in protecting its citizens. In the case of assisted suicide, the Court found that the government's interest in protecting human life outweighed the individual's right to die.
The rationality test is not the only test used by the Court to determine the constitutionality of a law. In the case of Washington v. Glucksberg, the Court also considered whether the right to assisted suicide was a fundamental liberty interest protected by the Due Process Clause. The Court determined that it was not, as the right had no place in the country's tradition or history and was not deeply rooted in the United States' history and tradition.
The rationality test is an important tool for the Court to balance the rights of individuals with the government's interest in protecting its citizens. It allows the Court to consider the potential consequences of a law and whether it is rationally related to legitimate government interests. In the case of assisted suicide, the Court found that the ban was rationally related to the state's interest in protecting human life and medical ethics, and therefore upheld the ban.
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The 'right to die' in Washington State
The right to die in Washington State is not protected by the constitution. In 1997, the Supreme Court took up the matter in *Washington v. Glucksberg*, in which Dr Harold Glucksberg and a group of practising physicians challenged the state's ban on assisted suicide. They argued that assisted suicide and the right to die was a liberty interest protected by the Due Process Clause of the 14th Amendment. The district court agreed with them, saying that Washington's ban placed an undue burden on the constitutional right to exercise the personal choice of a mentally competent, terminally ill adult to commit physician-assisted suicide. The Ninth Circuit affirmed this decision, but the Supreme Court disagreed. In a decision written by Chief Justice William Rehnquist, the Court rejected the idea that the right to assisted suicide was a fundamental liberty interest protected by the Due Process Clause. The Court tracked a detailed historical analysis and found that the right had no place in the country's history or tradition, given that assisted suicide had been consistently rejected in the past and was banned in a large number of states. The Court also found that Washington's ban was rationally related to the state's interest in the protection of human life, medical ethics, and protecting disabled and terminally ill people from facing pressure to end their lives.
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Frequently asked questions
No, the Supreme Court has rejected the idea that the right to assisted suicide is a fundamental liberty interest protected by the Due Process Clause.
The 'right to die' is the belief that mentally competent, terminally ill adults should be able to commit physician-assisted suicide.
This is a phrase in American political and legal discourse expressing the belief that constitutional restrictions on governmental power must be balanced against the need for the survival of the state and its people.
