Top-Rated Free Essay
Preview

The United State 9th Circuit of Appeals

Good Essays
533 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The United State 9th Circuit of Appeals
PROS CONS
The United States 9th Circuit Court of Appeals stated in its 1996 Opinion from Compassion in Dying v. Washington :
"While some people refer to the liberty interest implicated in right-to-die cases as a liberty interest in committing suicide, we do not describe it that way. We use the broader and more accurate terms, 'the right to die,' 'determining the time and manner of one's death,' and 'hastening one's death' for an important reason. The liberty interest we examine encompasses a whole range of acts that are generally not considered to constitute 'suicide.' Included within the liberty interest we examine, is for example, the act of refusing or terminating unwanted medical treatment… Casey and Cruzan provide persuasive evidence that the Constitution encompasses a due process liberty interest in controlling the time and manner of one's death -- that there is, in short, a constitutionally recognized 'right to die.'"

The American Civil Liberties Union, in its 1996 amicus brief from Vacco v. Quill, stated:
"The right of a competent, terminally ill person to avoid excruciating pain and embrace a timely and dignified death bears the sanction of history and is implicit in the concept of ordered liberty. The exercise of this right is as central to personal autonomy and bodily integrity as rights safeguarded by this Court's decisions relating to marriage, family relationships, procreation, contraception, child rearing and the refusal or termination of life-saving medical treatment. In particular, this Court's recent decisions concerning the right to refuse medical treatment and the right to abortion instruct that a mentally competent, terminally ill person has a protected liberty interest in choosing to end intolerable suffering by bringing about his or her own death.

-----------------------
The Supreme Court of the United States, in its 1997 Opinion from Vacco v. Quill, stated:

"...Even as the States move to protect and promote patients' dignity at the end of life, they remain opposed to physician assisted suicide.

New York is a case in point. The State enacted its current assisted suicide statutes in 1965. Since then, New York has acted several times to protect patients' common law right to refuse treatment... In so doing, however, the State has neither endorsed a general right to 'hasten death' nor approved physician assisted suicide. Quite the opposite: The State has reaffirmed the line between 'killing' and 'letting die'...

This Court has also recognized, at least implicitly, the distinction between letting a patient die and making that patient die. In Cruzan v. Director, Mo. Dept. of Health (1990), we concluded that '[t]he principle that a competent person has a constitutionally protected liberty interest in refusing unwanted medical treatment may be inferred from our prior decisions,' and we assumed the existence of such a right for purposes of that case. But our assumption of a right to refuse treatment was grounded not, as the Court of Appeals supposed, on the proposition that patients have a general and abstract 'right to hasten death,' but on well established, traditional rights to bodily integrity and freedom from unwanted touching. In fact, we observed that 'the majority of States in this country have laws imposing criminal penalties on one who assists another to commit suicide.' "

You May Also Find These Documents Helpful

  • Satisfactory Essays

    The issue with this case is that does it violate the Fourteenth Amendment. Which in short says that no other state has the…

    • 282 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The case was the taking clause in the fifth amendment which enshrines your right to private property without undue government interference traditionally takings on the public use is included highways , schools and other owned government private projects but in 2005 supreme court turned that notion in to its ear .…

    • 848 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    This is an antitrust case that the defendant- Dentsply international, Inc., is one of a dozen manufactures of artificial teeth for dentures and other restorative device. Dentsply dominates the industry, his market share is greater than 75 percent and is about fifteen times larger than that of its next-closest competitor. The defendant use sells his teeth to dealers of dental products; then the dealers supply the teeth to dental laboratories, which fabricate dentures for sale to dentists. As the hundreds of dealer who compete with each other on the basis of price and service; some other manufactures sell their teeth directly to the laboratories basis of on the price and service; Dentsply prohibits its dealers from marketing competitor’s teeth unless they were selling the teeth before 1993. The plaintiff- the federal government files a suit in a federal district court against Dentsply, alleging, a violation of Section 2 of the Sherman Act.…

    • 380 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Fifth Circuit Case Summary

    • 1751 Words
    • 8 Pages

    After United States v. Vargas-Ocampo, 747 F.3d 299, 301 (5th Cir. 2014), the Fifth Circuit adopted a near summary affirmance in sufficiency of the evidence cases, which has eroded the legal standard of proof beyond a reasonable doubt required on each element of an offense to support a conviction. Thompson v. City of Louisville, 362 U.S. 199, 201 (1960); In re Winship, 397 U.S. 358…

    • 1751 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Bad Frog Case Study

    • 9429 Words
    • 38 Pages

    BAD FROG BREWERY, INC. PLAINTIFF-APPELLANT v. NEW YORK STATE LIQUOR AUTHORITY, ANTHONY J. CASALE, LAWRENCE J. GEDDA, EDWARD F. KELLY, INDIVIDUALLY AND AS MEMBERS OF THE NEW YORK STATE LIQUOR AUTHORITY, DEFENDANTS-APPELLEES…

    • 9429 Words
    • 38 Pages
    Good Essays
  • Powerful Essays

    Vacco Vs Quill Case Study

    • 3200 Words
    • 13 Pages

    "The right of a competent, terminally ill person to avoid excruciating pain and embrace a timely and dignified death bears the sanction of history and is implicit in the concept of ordered liberty. The exercise of this right is as central to personal autonomy and bodily integrity as rights safeguarded by this Court's decisions relating to marriage, family relationships, procreation, contraception, child rearing and the refusal or termination of life-saving medical treatment. In particular, this Court's recent decisions concerning the right to refuse medical treatment and the right to abortion instruct that a mentally competent, terminally…

    • 3200 Words
    • 13 Pages
    Powerful Essays
  • Satisfactory Essays

    Also, according to "Supreme Court Rules in VMI Case” The Leadership Conference on Civil and Human Rights, there was a dissenting opinion by Justice Scalia:…

    • 491 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    emphasizing patient autonomy in bioethics and law. It is argued that the decision to end one’s life…

    • 718 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Euthanasia, often referred to as mercy killing, easy death, or right to die, generates strong feelings both pro and con as proponents of each side passionately argue their ideological stance. The broader concept is often missed with the attention placed on the narrow view of physician-assisted suicide. Many have little or no tolerance or understanding of the patient’s position feeling there is no quality of life in their present circumstance or condition and as such, they have a personal choice or entitlement to end their life or have someone else assist them in ending it in order to cease their own personal, unbearable, suffering and/or pain. Currently, this type of practice within these United States is deemed unacceptable and unlawful except within the states of Oregon, Washington, and Montana (Marker,…

    • 1077 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Supreme Court of the United States: United States v Jones (Oct 2011). Retrieved on September 8, 1014 from http://www.supremecourt.gov/opinions/11pdf/10-1259.pdf…

    • 1433 Words
    • 6 Pages
    Better Essays
  • Good Essays

    * With the majority opinion of the Dred Scott decided with a 7-2 ruling, the United States Supreme Court held the following:…

    • 819 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Starks, H., Dudzinski, D., & White, N. (2009, April). physician aid-in-dying . Retrieved from http://depts.washington.edu/bioethx/topics/pad.html…

    • 1475 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    entirely exempt from scrutiny in another? This Article explores that question and why it matters, and suggests ways to reconcile these apparently…

    • 31617 Words
    • 127 Pages
    Powerful Essays
  • Satisfactory Essays

    Ayy lmao

    • 364 Words
    • 2 Pages

    V. What legal precedent did this case set? What was the significance of this decision for the U.S. at the time of the decision?…

    • 364 Words
    • 2 Pages
    Satisfactory Essays
  • Best Essays

    It is important for all of us to understand why it is necessary to nationally legalize physician-assisted suicide. Our rights as citizens are being denied. In the United States Constitution, the 9th Amendment states, “The enumeration in the Constitution, of certain rights, shall not be constructed to deny or disparage others retained by the people (1).” This Amendment basically means that even though certain rights are identified in the United States Constitution, those that are not mentioned should not be disregarded. This text, limits the government’s power over the citizens’ rights. It is…

    • 1705 Words
    • 7 Pages
    Best Essays