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Washington v. Glucksberg

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The Ps want the law declared 'unconstitutional' and made void. The U.S. District Court agrees and rules the law to be unconstitutional and void. ... – PowerPoint PPT presentation

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Title: Washington v. Glucksberg


1
Washington v. Glucksberg
  • U.S. Supreme Court
  • 1997

2
Washington v. Glucksberg
  • Illustration
  • This case illustrates conflicting approaches to
    the meaning of substantive due process.

3
Washington v. Glucksberg
  • Facts
  • Doctors wish to assist terminally ill patients
    who are in pain to die quickly and painlessly.
    Washington state law prohibits assisting suicide.

Dr. Kevorkian
4
Washington v. Glucksberg
  • Prior Proceedings
  • The doctors (P) are suing the State of Washington
    (D) in a U.S. District Court seeking declaratory
    injunctive relief claiming that the State law
    is in violation of the U.S. Constitutions 14th
    Amendment guarantee to substantive due process
    because it is depriving patients of a liberty
    interest (the right to choose the time and
    manner of death). . .

5
Washington v. Glucksberg
  • The Ps want the law declared unconstitutional
    and made void. The U.S. District Court agrees
    and rules the law to be unconstitutional and
    void. The State of Washington appeal to the U.S.
    Court of Appeals and they affirm the U.S.
    District Court. The State of Washington then
    appeals to the U.S. Supreme Court.

6
Mapping the Prior Proceedings
U.S. Supreme Court
Washington
Doctors
U.S. Court of Appeals
Washington
Doctors
U.S. District Court
Washington
Doctors
7
Washington v. Glucksberg
  • Issue
  • Is the the Washington law prohibiting physician
    assisted suicide prohibited by the 14th
    Amendments guarantee of substantive due process?
  • Holding
  • NO

8
Washington v. Glucksberg
  • Rationale
  • Substantive due process requires that laws that
    infringe on fundamental liberty interests must
    serve a compelling state interest. Not all
    personal decisions are protected liberty
    interests. Suicide is one of those. The state has
    a compelling interest in preventing suicide and
    protecting the integrity of the medical
    profession. . .

9
Washington v. Glucksberg
  • The state must protect the sick and disabled from
    being devalued and pressured into suicide. If
    physician assisted suicide is made legal, why
    should any suicide be illegal? Is involuntary
    euthanasia next? Washingtons law is not in
    violation of substantive due process because
    suicide is not a protected liberty. Overturned.
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