Journal Article

Morris and others v Brandenberg

Donlu Thayer

in Oxford Journal of Law and Religion

Published in print January 2014 | ISSN: 2047-0770
Published online April 2014 | e-ISSN: 2047-0789 | DOI: https://dx.doi.org/10.1093/ojlr/rwu015
Morris and others v Brandenberg

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State constitutional rights – Right to obtain safety and happiness – Right of competent, terminally ill person to seek medical assistance in ending life – Right of medical personnel to provide services apparently prohibited by statute – Plaintiff in remission from uterine cancer but fearing return of disease – Desiring peace of mind by knowing aid in dying available if suffering in terminal stage of illness unbearable – Plaintiff medical advisors believing mentally competent, terminally ill patient dying by choice not committing suicide – US Constitution making no provision for right to assisted suicide – New Mexico Constitution guaranteeing citizens ‘certain, natural, inherent and inalienable rights’, including rights of ‘enjoying life and liberty and of seeking and obtaining safety and happiness’ – New Mexico statute defining ‘deliberately aiding another in the taking of his own life’ as fourth-degree felony – Whether New Mexico state constitution guaranteeing right not protected under federal constitution to terminate life – Whether New Mexico assisted suicide statute unconstitutional in light of New Mexico Constitution – Whether providing aid in dying exposing medical professionals to prosecution under assisted suicide statute – New Mexico Const art II s 4, NMSA 1978 s 30-2-4 ‘Assisting Suicide’, New Mexico Uniform Health-Care Decisions Act 24-7A-1 to 24-7A-17 NMSA 1978

Journal Article.  503 words. 

Subjects: Religion ; Law

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