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MT High Court to Decide on Constitutional Right to End of Life Decisions

Washington and Oregon have assisted suicide laws that were passed by voters' referendums.

Montana is different. It rewrote its Constitution in 1972, and here are some of the rights it spelled out:

  • All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life’s basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways.

[More...]

  • The dignity of the human being is inviolable. No person shall be denied the equal protection of the laws. Neither the state nor any person, firm, corporation, or institution shall discriminate against any person in the exercise of his civil or political rights on account of race, color, sex, culture, social origin or condition, or political or religious ideas.
  • The right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest.
  • The right of any person to keep or bear arms in defense of his own home, person, and property, or in aid of the civil power when thereto legally summoned, shall not be called in question.
  • No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure.

Wednesday, the Montana Supreme Court will decide whether Montanans have the right to make their own end of life choices...and in particular, whether they may choose death.

The state’s highest court on Wednesday will take up Mr. Baxter’s claim that a doctor’s refusal to help him die violated his rights under Montana’s Constitution — and lawyers on both sides say the chances are good that he will prevail.

The question is, Is there a constitutional right to die?

Lawyers on both sides say the Montana Supreme Court has a tradition of interpreting the State Constitution with that sentiment in mind, with privacy rights and personal liberty often outweighing other concerns. The court ruled in 1997, for example, that Montana’s anti-sodomy laws were unconstitutional invasions of privacy.

The stakes are high because since the case inovolves only the State Constitution, no appeal to the U.S. Supreme Court is allowed.

According to the Plaintiffs,

At a time when the limits, if not failings, of medicine are part of the national debate about health care reform, Ms. Tucker said, what is the power of the individual to set his or her own course?

“This case is part of a journey,” said Ms. Tucker, who is director of legal affairs for Compassion and Choices, a national group that advocates to protect and expand the rights of the terminally ill and is also one of the plaintiffs. “It’s about empowering patients and giving them the right to decide when they have suffered enough.”

I hope they decide to uphold the right of every adult to make their own end of life decisions. Some will make wise decisions, others may make poor decisions. But it's their bodies and their lives, not the Government's. They should be free to choose.

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  • Display: Sort:
    I agree with this... (5.00 / 1) (#2)
    by MileHi Hawkeye on Tue Sep 01, 2009 at 08:38:06 AM EST
    "It's about empowering patients and giving them the right to decide when they have suffered enough."

    Putting aside any religious taboo and/or familiar interest, is there a "compelling state interest" in having people live/suffer against their will?  


    I guess that depends... (none / 0) (#8)
    by kdog on Tue Sep 01, 2009 at 10:51:05 AM EST
    if they are still paying taxes, that would be a monetary interest to keep people alive against their will.

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    This baffles me (none / 0) (#1)
    by Steve M on Tue Sep 01, 2009 at 08:18:48 AM EST
    The state's highest court on Wednesday will take up Mr. Baxter's claim that a doctor's refusal to help him die violated his rights under Montana's Constitution

    "a doctor's refusal to help him die"?  Is he seriously seeking to compel a doctor to participate in this procedure against his will?

    That caught my eye too (none / 0) (#3)
    by roy on Tue Sep 01, 2009 at 10:22:27 AM EST
    In discussing rights, the line between A) being able to do something without being punished and B) being able to force others to facilitate you doing it, is often blurred.

    I hope they decide to uphold the right of every adult to make their own end of life decisions. Some will make wise decisions, others may make poor decisions. But it's their bodies and their lives, not the Government's. They should be free to choose.

    Its a warm sentiment, couched in profundity, but totally disregards that doctors are (usually) adults, who may choose to use their bodies and lives to preserve life but not to end it.

    Disclosure: I support doctor-assisted suicide, but not forcing doctors to participate.

    Parent

    No problem with that (none / 0) (#4)
    by catmandu on Tue Sep 01, 2009 at 10:29:12 AM EST
    If the decision to die is voluntary and the doctor is willing and it is not a fleeting depressive whim, it should be legal.  Of course it would be cheaper to buy a handgun and do it yourself.

    Just don't go the way of the Netherlands and have involuntary assisted suicide. Nobody should be forced into suicide or forced to participate in suicide.  The procedure should be clearly spelled out in the law.

    "in all lawful ways" (none / 0) (#5)
    by diogenes on Tue Sep 01, 2009 at 10:43:40 AM EST
    Assisted suicide does not violate the Montana constition.  Why not simply make it lawful via legislative action rather than yet again attempting to legislate from the bench?

    This whole "torture" debate is a loser (none / 0) (#6)
    by Slado on Tue Sep 01, 2009 at 10:49:10 AM EST
    for Obama and liberals.

    Cohen has figured that out.   As NRO says Cheney is winning this argument for one simple reason.

    The tactics (EIT's to Cheney; torture to liberals) worked.   That liberal myth is dead.  Most on here will pretend it isn't but it doesn't matter now.   In the court of public opinion the verdict has come down.   The tactics worked.  

    So now the question (and a very legitimate one at that) is do we want to prosecute the people that got information that more then likely saved American lives because we believe that tactics however futifull where criminal?

    That is the political question and for all the moral grandstanding it is one the American people will answer very clearly. No.

    The Bush administration is part of history.  20 or 30 years from now history will judge it properly.  Obama has cancled the program it and that is that.

    There is no political will for investigations and nothing is going to come of this.   Even in the unlikely event that it does it will be yet another political loser for democrats who will have enough problems on their hands in the next couple years.

    Cheney wins.  Move on.

    Wrong thread (none / 0) (#7)
    by Slado on Tue Sep 01, 2009 at 10:50:57 AM EST
    Stupid IE, back to Chrome

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