Courts can recognize captiousness, and most factual issues can be settled in a trial court. Physician-Assisted Suicide and Euthanasia in the Netherlands: A Report of Chairman Charles T. Canady, at 12-13 (citing Dutch study). death.'' We therefore have a clear question about which institution, a legislature or a court, is relatively more competent to deal with an emerging issue as to which facts currently unknown could be dispositive.
Although the Poe dissent disclaims the possibility of any general formula for due process analysis (beyond the basic analytic structure just described), see id., at 542, 544, 81 S.Ct., at 1776, 1777-1778, Justice Harlan of course assumed that adjudication under the Due Process Clauses is like any other instance of judgment dependent on common-law method, being more or less persuasive according to the usual canons of critical discourse. The common law governed New York as a colony and the New York Constitution of 1777 recognized the common law, N.Y. Const. These interests include prohibiting intentional killing and preserving human life; preventing the serious public-health problem of suicide, especially among the young, the elderly, and those suffering from untreated pain or from depression or other mental disorders; protecting the medical profession's integrity and ethics and maintaining physicians' role as their patients' healers; protecting the poor, the elderly, disabled persons, the terminally ill, and persons in other vulnerable groups from indifference, prejudice, and psychological and financial pressure to end their lives; and avoiding a possible slide towards voluntary and perhaps even involuntary euthanasia. 96-110.
WASHINGTON et al. 1, §7, p. 661 (1829)), and many of the new States and Territories followed New York's example. v. Rodriguez, 411 U.S. 1, 33-35, 93 S.Ct.
____-____. bodily integrity.''
Our established method of substantive-due-process analysis has two primary features: First, we have regularly observed that the Due Process Clause specially protects those fundamental rights and liberties which are, objectively, "deeply rooted in this Nation's history and tradition,'' id., at 503, 97 S.Ct., at 1938 (plurality opinion); Snyder v. Massachusetts, 291 U.S. 97, 105, 54 S.Ct. It is here that the value of common-law method becomes apparent, for the usual thinking of the common law is suspicious of the all-or-nothing analysis that tends to produce legal petrification instead of an evolving boundary between the domains of old principles. U.S. 833, and Cruzan v. Director, Mo. 1, 17-56 (1985) (hereinafter Marzen); New York State Task Force on Life and the Law, When Death is Sought: Assisted Suicide and Euthanasia in the Medical Context 77-82 (May 1994) (hereinafter New York Task Force). 918 (1876) (suicide is "an act of criminal self-destruction''); Von Holden v. Chapman, 87 A.D.2d 66, 70-71, 450 N.Y.S.2d 623, 626-627 (1982); Blackwood v. Jones, 111 Fla. 528, 532, 149 So. The dissent is important for three things that point to our responsibilities today. 3244, 3250, 82 L.Ed.2d 462 (1984); Moore v. East Cleveland, 431 U.S. 494, 500-506, and n. 12, 97 S.Ct. Of course that is possible, not only because the costs of care might be more than family members could bear but simply because they might naturally wish to see an end of suffering for someone they love. L.Rev.
Complaint ¶3.2; App. Thus, legal physician-assisted suicide could make it more difficult for the State to protect depressed or mentally ill persons, or those who are suffering from untreated pain, from suicidal impulses. 2258 (1997) and Vacco V. Quill has been published under the terms of the Creative Commons Attribution 3.0 (CC BY 3.0) licence, which permits unrestricted use and reproduction, provided the author or authors of the Washington V. Glucksberg, 117 S.Ct.
Respondents, rather, acknowledge the prohibition of each historically, but rely on the fact that to a substantial extent the State has repudiated that history.
14, 17-19, 53 L.Ed.
The second step in the argument is to emphasize that the State's own act of decriminalization gives a freedom of choice much like the individual's option in recognized instances of bodily autonomy.
Marzen 76-77, 205-206, 212-213.
(b) In light of that history, this Court's decisions lead to the conclusion that respondents' asserted "right'' to assistance in committing suicide is not a fundamental liberty interest protected by the Due Process Clause. La.Rev.Stat. The Court also felt that if it declared physician-assisted suicide a constitutionally protected right, it would start down the path to voluntary and perhaps involuntary euthanasia. 371 (1996); Ariz. S.B.
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