Physician-assisted suicide and euthanasia in the United States.

This paper offers a brief review of the legal status of physician-assisted suicide and euthanasia in the United States. In the mid-1990s, it appeared that the Supreme Court might recognize a fundamental right to physician-assisted suicide. But in 1997, the Court rejected constitutional challenges to laws banning assisted suicide. Since then, the battle over assisted suicide has largely shifted to a state-by-state debate that has largely been conducted outside the federal courts. A few states have legalized physician-assisted suicide and public opinion has moved in favor of assisted suicide in the last few years but the overall situation has been relatively stable. There are, however, some worrisome trends. International developments and the increasing acceptance of a quality-of-life ethic create cause for concern. Fortunately, the Court’s 1997 decisions have created an opportunity for those who support the sanctity of life ethic to advance their views and to resist the “right to die” movement. T HIS PAPER offers a brief review of the current legal status of physician-assisted suicide and euthanasia in the United States. In the mid-1990s, it appeared that the Supreme Court might recognize a fundamental right to physician-assisted suicide. But in 1997 the Supreme Court rejected constitutional challenges to laws banning assisted suicide. This was an exercise of judicial humility that the Court has not followed in the areas of abortion or in same-sex marriage. The 1 An earlier version of this paper was presented at the University Faculty for Life annual conference on June 7, 2014. In certain places, this paper draws from previously published papers of mine. To avoid multiplying the footnotes in this paper, I will not provide a citation in every instance when I draw from my earlier work.