Wisconsin
How Compassion in Dying v. Washington applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Constitutional Law (Substantive Due Process; Right to Die).
Wisconsin's approach to the principles established in 'Compassion in Dying v. Washington' emphasizes the importance of individual rights in end-of-life decision-making. While Wisconsin law currently does not permit assisted dying, it respects the right to refuse treatment under the common law and its constitutional provisions.
Under Wisconsin law, patients have the right to refuse medical treatment, which can be interpreted as a form of substantive due process concerning personal autonomy in end-of-life matters.
The court recognized the right of individuals to refuse medical treatment based on autonomy, affirming the principle of informed consent in health care decisions.
The Wisconsin Supreme Court acknowledged the constitutional right to make decisions regarding end-of-life care aligning with the federal standard set in Cruzan.
The court upheld a guardian's ability to refuse life-sustaining treatment for a ward, illustrating the state's support for patient autonomy.
Wisconsin's legal approach aligns with the federal standard established in 'Compassion in Dying' by recognizing the right to refuse treatment but diverges in the explicit allowance of assisted dying. While Federal courts have emphasized personal autonomy, Wisconsin remains restrictive on assisted dying practices.
The right to die and patient autonomy issues are significant this cycle, and bar candidates should be prepared to discuss case law that illustrates these principles under Wisconsin's specific statutory framework.