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Washington v. Glucksberg was tragically wrong.

Erwin Chemerinsky1

  • 1Duke University, USA.

Michigan Law Review
|July 4, 2008
PubMed
Summary
This summary is machine-generated.

The Supreme Court wrongly denied the fundamental right to assisted death for terminally ill patients. This decision denies essential autonomy and prolongs suffering, contradicting established rights.

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Area of Science:

  • Legal Studies
  • Bioethics
  • Medical Law

Background:

  • The Supreme Court case Washington v. Glucksberg questioned the fundamental right to assisted death.
  • Existing legal precedents protect various aspects of personal autonomy.

Purpose of the Study:

  • To analyze the Supreme Court's ruling in Washington v. Glucksberg regarding assisted death.
  • To argue that the right to assisted death is a fundamental right under the Due Process Clause.

Main Methods:

  • Legal analysis of the Due Process Clause and established rights.
  • Comparison of assisted death with other protected autonomies (family, reproductive, sexual).
  • Evaluation of government interests in prohibiting assisted death for terminally ill patients.

Main Results:

  • The Court erred in Washington v. Glucksberg by not recognizing assisted death as a fundamental right.
  • The right to end one's life is comparable to other protected autonomies.
  • Government interests in preventing suicide and protecting life are less compelling for terminally ill patients.

Conclusions:

  • Terminally ill patients are denied essential autonomy and personhood.
  • The prohibition of assisted death prolongs suffering for those with terminal illnesses.
  • Legal recognition of assisted death is crucial for upholding patient autonomy.