Archive for the ‘Court Cases’ 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.

Assisted Suicide – A New Campaign in Canada

The issue of assisted suicide seemed to have been settled in Canada in 1993 by the Supreme Court decision in the case of Sue Rodriguez. In a five to four decision the Court ruled that the state’s obligation to protect the vulnerable outweighed the rights of individuals to self-determination. Now two new cases, one from British Columbia […]

Prosecutors’ Role in Assisted Suicide

SSRN has posted a new article, Justins v. the Queen: Assisted Suicide, Juries and the Discretion to Prosecute examining an Australian case and arguing that prosecutors should very rarely charge defendants in cases of assisted suicide. The author notes that the British Crown Prosecution Service has developed guidelines for prosecutors regarding such charges. The guidelines […]

important withdrawal of treatment case in England

Here is a link to a story in the National Right to Life News about an important case in England. The British take on the case can be found here. The Bland case (1993) authorized English courts to allow the withdrawal of artifically provided food and water from patients in a persistent vegetative state (PVS). […]