Constitutional Law (Substantive Due Process; Right to Die)

Compassion in Dying v. Washington — Study Notes

79 F.3d 790 (9th Cir. 1996) (en banc)

Study notes for Compassion in Dying v. Washington: professor notes, cold call prep, exam angles, and memory aids.

Competent, terminally ill adults have a constitutional right to seek physician-assisted suicide under the Due Process Clause.
Professor Notes

In Compassion in Dying v. Washington, the Ninth Circuit addressed the pivotal issue of whether a competent, terminally ill adult has the constitutional right to choose physician-assisted suicide under the Fourteenth Amendment's Due Process Clause. The court emphasized the importance of personal autonomy and the deeply rooted notions of liberty that include the right to make decisions concerning one's own body and life, especially when faced with terminal illness. The court concluded that Washington's blanket ban on physician-assisted suicide unjustly infringed upon this right, failing to provide a narrowly tailored approach to the state's interests in preserving life and preventing coercion.

The opinion also highlighted the contrasting moral and ethical views surrounding end-of-life decisions, noting that while the state has a legitimate interest in regulating medical practices, it must balance that interest against fundamental individual liberties. Students should note how the court’s interpretation of substantive due process in this case highlights the evolving nature of constitutional rights, especially in light of changing societal views on issues such as assisted dying.

Cold Call Prep
  1. 1Explain the constitutional basis for the plaintiffs' challenge in this case.
  2. 2What were Washington's interests in criminalizing physician-assisted suicide, and how did the court respond?
  3. 3Discuss the significance of the term 'liberty' in the context of this case.
  4. 4What was the court's rationale for declaring Washington's ban unconstitutional?
  5. 5How does this case reflect broader trends in constitutional law regarding personal autonomy?
  6. 6Explain the implications of this ruling on future legislative efforts concerning assisted dying rights.
Mnemonic Device

DIE: Due Process Includes End-of-life choices.

Distinguish From
CaseDistinction
Washington v. GlucksbergIn Glucksberg, the Supreme Court upheld a similar ban, framing the liberty interest differently and emphasizing traditional state interests in life preservation.
Cruzan v. Director, Missouri Department of HealthCruzan involved the right to refuse treatment rather than the right to assist in dying, focusing more on the patient's autonomy and decision-making capacity.
Rennie v. KleinRennie addressed the rights of patients with mental illness rather than terminally ill patients, exploring statutory interpretations of autonomy in healthcare.
Policy Arguments

For the Rule

Allowing physician-assisted suicide respects individual autonomy and provides dignity in death for terminally ill patients.

Against the Rule

There are concerns about the potential for coercion and the sanctity of life that may undermine vulnerable populations.

Class Discussion Points
  • The role of state interest in regulating end-of-life practices versus individual autonomy.
  • How societal values influence legal interpretations of the right to die.
  • The ethical implications for physicians involved in assisted dying cases.
Exam Angle

This case is often examined in the context of substantive due process and individual rights, making it a crucial reference point for questions about the limits of state regulation on personal autonomy and end-of-life decisions.

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