That’s the title of a new article (link to an abstract below) by Mark Rienzi (Catholic U). Rienzi argues that there is a federal due process right not to be forced to kill. The right arises in a variety of contexts–military operations, capital punishment, assisted suicide, abortion, and self-defense or defense of others. Rienzi doesn’t enter into the debate about the propriety of substantive due process (which brought us Roe v. Wade); he accepts the current law and argues that it supports a constitutional right not to kill.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2025281
Richard M.