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New York assisted suicide case update

In May 2016, in Myers v. Schneiderman, an intermediate appellate court in New York upheld the constitutionality of New York’s ban on assisted suicide. (I discussed the case in this paper presented at the 2016 University Faculty for Life conference.) The New York Court of Appeals, which is the highest court in the state, has agreed to review this decision. The case will be argued on May 30, 2017. Here is a link to the docket in the New York Court of Appeals (just search for Myers v. Schneiderman). The docket provides links to the briefs, including good briefs filed by the New York State Catholic Conference and Not Dead Yet.

There has been in recent years a slow movement towards the legalization of assisted suicide, although this has largely happened outside the courts. It would be a surprise if the New York Court of Appeals were to reverse the lower court ruling and hold New York’s law unconstitutional (under the New York Constitution).  Last summer, the New Mexico Supreme Court rejected a constitutional challenge to New Mexico’s prohibition on assisted suicide. Let’s hope the New York court follows suit.

 

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