Hastings Law Journal, Vol. 42, 1991
43 Pages Posted: 10 Jul 2008 Last revised: 11 May 2012
Date Written: 1991
The Supreme Court's decision in Cruzan incorrectly allowed the state of Missouri to intervene in Nancy Cruzan's family's surrogate decision to end life supports. The Court should have held that family members, when they remain close and caring, should be presumed to be the designated decision makers.
Keywords: Cruzan, State Interests, Competent Patients, Incompetent Patients, Surrogate Decision Makers, Quality of Life, Slippery Slope, Harlan, Family Relationships, Federalism
Suggested Citation: Suggested Citation
Bourguignon, Henry J. and Martyn, Susan R., Coming to Terms with Death: The Cruzan Case (1991). Hastings Law Journal, Vol. 42, 1991. Available at SSRN: https://ssrn.com/abstract=1157974