It's Time to Reinvigorate the Constitutional Claim for Physician Assistance in Dying

5 Pages Posted: 13 May 2018  

Norman L. Cantor

Rutgers University School of Law

Date Written: April 30, 2018

Abstract

Since the Supreme Court's 1997 rejection of constitutional challenges to state bans on physician-assisted dying (PAD), dying patients' constitutional claims have been summarily rejected. This has been so whether the claimants rely on federal or state constitutional provisions relating to liberty and equal protection of the laws. I argue here that developments in end-of-life jurisprudence and practice over the last 21 years provide a foundation to refine and reinvigorate constitutional claims for PAD.

Keywords: Physician Assisted Suicide, End of Life Treatment, Death and Dying

Suggested Citation

Cantor, Norman L., It's Time to Reinvigorate the Constitutional Claim for Physician Assistance in Dying (April 30, 2018). Available at SSRN: https://ssrn.com/abstract=3170989 or http://dx.doi.org/10.2139/ssrn.3170989

Norman L. Cantor (Contact Author)

Rutgers University School of Law ( email )

NJ
United States
201-653-4547 (Phone)

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