Washington v. Glucksberg: Supreme Court Upholds State Prohibition on Assisted Suicide

Washington v. Glucksberg: Supreme Court Upholds State Prohibition on Assisted Suicide

Introduction

Washington v. Glucksberg (521 U.S. 702, 1997) is a landmark decision by the United States Supreme Court addressing the constitutionality of state laws prohibiting physician-assisted suicide. The case consolidated petitions from four Washington physicians who sought a declaration that the state's ban on aiding suicide was unconstitutional. Alongside them were three terminally ill plaintiffs who later died, raising profound questions about the extent of individual liberties under the Fourteenth Amendment's Due Process Clause.

Summary of the Judgment

The Supreme Court, in a majority opinion authored by Chief Justice Rehnquist, held that Washington's statute prohibiting the promotion of suicide did not violate the Due Process Clause of the Fourteenth Amendment. The Court emphasized the long-standing tradition and legal prohibitions against assisting suicide, asserting that the asserted right to physician-assisted suicide was not a fundamental liberty interest protected by the Constitution. Consequently, the Court reversed the Ninth Circuit Court of Appeals’ decision and upheld the state's ban.

Analysis

Precedents Cited

The Court's decision in Washington v. Glucksberg heavily relied on several key precedents:

  • PLANNED PARENTHOOD OF SOUTHEASTERN PA. v. CASEY, 505 U.S. 833 (1992) – Established the “undue burden” standard for evaluating laws affecting constitutional rights.
  • Cruzan v. Director, Missouri Dept. of Health, 497 U.S. 261 (1990) – Recognized an individual’s right to refuse unwanted medical treatment.
  • MOORE v. EAST CLEVELAND, 431 U.S. 494 (1977) – Discussed fundamental rights deeply rooted in the nation’s history and traditions.

Additionally, the Court referenced historical legal perspectives, including the longstanding common law opposition to suicide and assisted suicide, noting that such prohibitions have persisted for over seven centuries in Anglo-American jurisprudence.

Legal Reasoning

The Court employed a two-pronged approach grounded in substantive due process analysis:

  1. Historical and Traditional Analysis: The Court examined the nation's history, legal traditions, and practices, illustrating a consistent prohibition against assisting suicide. Citing common law and statutes from nearly all states, it underscored that aiding suicide has been a criminal offense without exceptions for terminally ill individuals.
  2. Substantive Due Process Test: The Court assessed whether the right asserted by the respondents—a right to physician-assisted suicide—was a fundamental liberty interest. It concluded that it was not, as it lacked deep historical roots and societal recognition compared to established fundamental rights like marriage or procreation.

Furthermore, the Court evaluated whether Washington’s ban was rationally related to legitimate governmental interests, such as preserving human life, preventing suicide, maintaining the integrity of the medical profession, protecting vulnerable populations, and avoiding a slippery slope towards euthanasia. It found the statute to be rationally related to these interests, thereby satisfying the constitutional requirements.

Impact

The decision in Washington v. Glucksberg reaffirmed the authority of states to regulate end-of-life issues, specifically physician-assisted suicide, without infringing upon constitutional protections. This ruling set a significant precedent, making it clear that challenges to similar statutes in other states would likely fail unless they could demonstrate a fundamental liberty right explicitly recognized by the Constitution.

Additionally, the decision influenced legislative actions, as states considered or enacted their laws on assisted suicide, and it shaped public and legal discourse on the balance between individual autonomy and state interests in preserving life.

Complex Concepts Simplified

Due Process Clause

The Due Process Clause of the Fourteenth Amendment prohibits states from depriving "any person of life, liberty, or property, without due process of law." This clause has been interpreted to protect fundamental liberties, even those not explicitly mentioned in the Constitution.

Substantive vs. Procedural Due Process

- Procedural Due Process refers to the procedural safeguards that must be followed before depriving someone of life, liberty, or property.

- Substantive Due Process deals with whether the government has an adequate reason for depriving an individual of their rights, focusing on the substance of laws rather than just procedures.

Fundamental Liberty Interests

These are rights deeply rooted in the nation’s history and tradition, such as marriage, procreation, and the right to refuse medical treatment. In this case, the right to physician-assisted suicide was scrutinized but not deemed fundamental.

Conclusion

Washington v. Glucksberg serves as a critical reaffirmation of the state's prerogative to regulate assisted suicide. By grounding its decision in historical legal traditions and distinguishing the right to assist in suicide from other fundamental rights, the Court upheld the constitutionality of Washington’s ban. This case underscores the importance of deeply rooted societal values and legal precedents in shaping the boundaries of individual liberties under the Constitution. It also highlights the Court's restrained approach in expanding substantive due process protections, emphasizing the necessity of traditional roots and societal consensus in determining fundamental rights.

As the nation continues to grapple with ethical and legal questions surrounding end-of-life decisions, Washington v. Glucksberg remains a pivotal reference point for the balance between individual autonomy and state interests in preserving life and preventing potential abuses.

Case Details

Year: 1997
Court: U.S. Supreme Court

Judge(s)

Ruth Bader GinsburgDavid Hackett SouterJohn Paul StevensSandra Day O'ConnorStephen Gerald BreyerWilliam Hubbs Rehnquist

Attorney(S)

William L. Williams, Senior Assistant Attorney General of Washington, argued the cause for petitioners. With him on the briefs were Christine O. Gregoire, Attorney General, and William Berggren Collins, Senior Assistant Attorney General. Acting Solicitor General Dellinger argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Assistant Attorney General Hunger, Deputy Solicitor General Waxman, Deputy Assistant Attorney General Preston, Irving L. Gornstein, and Barbara C. Biddle. Kathryn L. Tucker argued the cause for respondents. With her on the brief were David J. Burman, Kari Anne Smith, and Laurence H. Tribe. Briefs of amici curiae urging reversal were filed for the State of California et al. by Daniel E. Lungren, Attorney General of California, Robert L. Mukai, Chief Assistant Attorney General, Alvin J. Korobkin, Senior Assistant Attorney General, Thomas S. Lazar, Deputy Attorney General, and by the Attorneys General for their respective jurisdictions as follows: Jeff Sessions of Alabama, Gale A. Norton of Colorado, Robert A. Butterworth of Florida, Michael J. Bowers of Georgia, James E. Ryan of Illinois, Thomas J. Miller of Iowa, Richard P. Ieyoub of Louisiana, J. Joseph Curran, Jr., of Maryland, Frank J. Kelley of Michigan, Mike Moore of Mississippi, Joseph P. Mazurek of Montana, Don Stenberg of Nebraska, Jeffrey R. Howard of New Hampshire, Dennis C. Vacco of New York, Pedro R. Pierluisi of Puerto Rico, Charles Molony Condon of South Carolina, Mark W. Barnett of South Dakota, Charles W. Burson of Tennessee, and James S. Gilmore III of Virginia; for the State of Oregon by Theodore R. Kulongoski, Attorney General, Thomas A. Balmer, Deputy Attorney General, Virginia L. Linder, Solicitor General, and Stephen K. Bushong, Assistant Attorney General; for Wayne County, Michigan, by John D. O'Hair and Timothy A. Baughman; for the District Attorney of Milwaukee County, Wisconsin, by E. Michael McCann, pro se, and John M. Stoiber; for Agudath Israel of America by David Zwiebel and Morton M. Avigdor; for the American Association of Homes and Services for the Aging et al. by Joel G. Chefitz and Robert K. Niewijk; for the American Center for Law and Justice by Jay Alan Sekulow, James M. Henderson, Sr., Walter M. Weber, Keith A. Fournier, John G. Stepanovich, and Thomas P. Monaghan; for the American Geriatrics Society by John H. Pickering and Joseph E. Schmitz; for the American Hospital Association by Michael K. Kellogg and Margaret J. Hardy; for the American Medical Association et al. by Carter G. Phillips, Mark E. Haddad, Paul E. Kalb, Katherine L. Adams, Kirk B. Johnson, and Michael L. Ile; for the American Suicide Foundation by Ellen H. Moskowitz, Edward R. Grant, and John F. Cannon; for the Catholic Health Association of the United states by James A. Serritella, James C. Geoly, Kevin R. Gustafson, Thomas C. Shields, Peter M. Leibold, and Charles S. Gilham; for the Catholic Medical Association by Joseph J. Frank, Sergio Alvarez-Mena III, and Peter Buscemi; for the Christian Legal Society et al. by Edward J. Larson, Kimberlee Wood Colby, and Steven T. McFarland; for the Evangelical Lutheran Church in America by Edward McGlynn Gaffney Jr., Susan D. Reece Martyn, Henry J. Bourguignon, and Phillip H. Harris; for the Family Research Council by Cathleen A. Cleaver, Mark A. Rothe, and Edward R. Grant; for the Institute for Public Affairs of the Union of Orthodox Jewish Congregations of America et al. by Richard B. Stone; for the Legal Center for Defense of Life, Inc., et al. by Dwight G. Duncan and Michael P. Tierney; for the National Association of Prolife Nurses et al. by Jacqulyn Kay Hall; for the National Catholic Office for Persons with Disabilities et al. by James Bopp, Jr., Thomas J. Marzen, Daniel Avila, and Jane E. T. Brockmann; for the National Hospice Organization by E. Barrett Prettyman, Jr. for the Legal Center for the Medically Dependent Disabled, Inc., et al by James Bopp, Jr., Thomas J. Marzen, Daniel Avila, and Jane E. T. Brockmann; for the National Right to Life Committee, Inc., by James Bopp, Jr., and Richard E. Coleson; for the National Spinal Cord Injury Association, Inc., by Leonard F. Zandrow, Jr., and Calum B. Anderson; for the Project on Death in America et al. by Robert A. Burt; for the Rutherford Institute by Gregory D. Smith and John W. Whitehead; for the Schiller Institute by Max Dean; for the United States Catholic Conference et al. by Mark E. Chopko; for Senator Orrin Hatch et al. by Michael W. McConnell; for Members of the New York and Washington State Legislatures by Paul Benjamin Linton and Clarke D. Forsythe; for Bioethics Professors by George J. Annas; for Gary Lee, M.D., et al. by James Bopp, Jr., Bary A. Bostrom, and Richard E. Coleson; and for Richard Thompson by Mr. Thompson, pro se, and Richard H. Browne. Briefs of amici curiae urging affirmance were filed for the American Civil Liberties Union et al. by Cameron Clark, Karen E. Boxx, and Steven R. Shapiro; for Americans for Death with Dignity et al. by John R. Reese and Page R. Barnes; for the American Medical Student Association et al. by John H. Hall; for the Center for Reproductive Law Policy by Janet Benshoof and Kathryn Kolbert; for the Coalition of Hospice Professionals by Gerald A. Rosenberg and Frances Kulka Browne; for the Council for Secular Humanism et al. by Ronald A. Lindsay; for Gay Men's Health Network et al. by Sylvia A. Law; for 36 Religious Organizations, Leaders, and Scholars by Barbara McDowell and Gregory A. Castanias; for the Washington State Psychological Association et al. by Edward C. DuMont; for Bioethicists by Martin R. Gold and Robert P. Mulvey; for Law Professors by Charles H. Baron, David A. Hoffman, and Joshua M. Davis; for State Legislators by Sherry F. Colb; and for Julian M. Whitaker, M.D., by Jonathan W. Emord. Briefs of amici curiae were filed for the American College of Legal Medicine by Miles J. Zaremski, Bruce C. Nelson, and Ila S. Rothschild; for the International Anti-Euthanasia Task Force by Wesley J. Smith; for the Southern Center for Law and Ethics by Tony G. Miller; for Surviving Family Members in Support of Physician-Assisted Dying by Katrin E. Frank, Robert A. Free, and Kathleen Wareham; and for Ronald Dworkin et al. by Mr. Dworkin, pro se, Peter L. Zimroth, Philip H. Curtis, Kent A. Yalowitz, Anand Agneshwar, and Abe Krash.

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