Archive for the ‘Constitutionality’ Category

New Mexico Supreme Court upholds state ban on physician assisted suicide

Here is a link to the June 30, 2016 decision by the New Mexico Supreme Court upholding the state’s ban on assisted suicide. A trial court judge in New Mexico  had found the law unconstitutional. By a divided vote, the court of appeals reversed and the New Mexico Supreme Court has now also rejected the trial judge’s decision. […]

Carter v. Canada

Here are a couple of articles on today’s decision from the Supreme Court of Canada invalidating laws banning physician assisted suicide. The Court overruled its earlier decision in the Rodriguez case, which had rejected a constitutional challenge to such laws. https://www.lifesitenews.com/news/breaking-canadas-top-court-rules-doctors-can-help-kill-patients http://www.lifenews.com/2015/02/06/canada-strikes-down-ban-on-assisted-suicide-says-it-violates-the-right-to-life/ I haven’t yet had a chance to read the decision. John Keown wrote […]

Canadian decision invalidating a ban on assisted suicide

Here is a LifeNews.com story about a decision from the British Columbia Supreme Court holding a ban on assisted suicide unconstitutional. http://www.lifenews.com/2012/06/15/canadas-assisted-suicide-ban-struck-down-in-court/ Here’s critical commentary from Wesley Smith. http://www.firstthings.com/blogs/secondhandsmoke/2012/06/15/bc-judge-creates-right-to-suicide/ Richard M.

New student law review article on “Death Tourism”

SSRN has a new student article, Exploring the Potential for American Death Tourism. The author discusses the availability of physician assisted suicide in the Netherlands, Belgium, Switzerland and Luxembourg, and the possibility that American citizens will travel to these countries to die. He evaluates the enforcement and efficacy of foreign laws prohibiting travel for purposes […]

Two Canadian Challenges to Assisted Suicide Prohibition

The Farewell Foundation for the Right to Die has filed suit challenging the Registrar of Corporations denial of the organization’s application to incorporate. The Registrar denied the application on the basis that organizing to assist those who seek to commit suicide is not a legally permissible purpose. The petition in the law suit is available […]

Bob Destro on the Terri Schiavo case

I highly recommend Bob Destro’s article on the Terri Schiavo case. “Learning Neuroscience the Hard Way: The Terri Schiavo Case and the Ethics of Effective Representatation,” at 78 Miss. L. J. 833-903 (2009). There have been scores of articles on various aspects of the Schiavo controversy. (My own short paper on the Schiavo case is […]