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1
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NOONAN-OPINION
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EXTRACTED KEY WORDS
STATUTE SUICIDE WASHINGTON CONSTITUTION PLAINTIFFS JUDGEMENT UNITED STATES SEATTLE TERMINALLY ILL COMPASSION PHYSICIANS PATIENTS DEATH VIOLATES LIFE CIRCUIT JUDGE JAMES POE PROMOTING MEDICAL TREATMENT MENTALLY COMPETENT ADULTS HAROLD GLUCKSBERG JUDGE WRIGHT ASSISTED SUICIDE EQUAL PROTECTION AMICUS CURIAE SUFFERING SWORN DECLARATION CHIEF DISTRICT JUDGE CONCLUDING |
For Publication United States Court of Appeals for the Ninth Circuit No. 94-35534 D.C. No. CV-94-00119 19-BJR Opinion Compassion In Dying a Washington nonprofit corporation; JANE Roe; JOHN Doe; JAMES Poe; Harold GLUCKSBERG, M.D., Plaintiffs-Appellees, v. State of Washington; Christine GREGOIRE, Attorney General of Washington, Defendants-Appellants. Appeal from the United States District Court for the Western District of Washington Barbara J. Rothstein, Chief District Judge, Presiding Argued and Submitted December 7, 1994 - Seattle, Washington Filed March 9, 1995 Before: Eugene A. Wright, John T. Noonan, Jr., and Diarmuid F. O'Scannlain, Circuit Judges. Opinion by Judge Noonan; Dissent by Judge Wright Summary Individual Rights/Constitutional Rights/Privacy The court of appeals reversed a district court judgment. The court held that there was no basis for concluding that a Washington state statute that criminalizes promoting a suicide attempt violates the United States Constitution. A Washington state statute states that a person is guilty of the felony of promoting a suicide attempt when he knowingly causes or aids another person to attempt suicide. Appellee Compassion in Dying, three now-deceased individuals who were suffering from diseases, and four physicians asserting their own rights and those of their patients, sued appellant the State of Washington, seeking a declaration that the statute violated 42 U.S.C. § 1983 and the Constitution of the United States. They also asked that enforcement of the statute be enjoined. On motions for summary judgment, the district court denied the motion of the physicians asserting their own claims and denied Compassion's claim on its own behalf. The court, however, granted the motion for summary judgment of the now-deceased individuals and the similar motion of the physicians on behalf of their "terminally ill patients." The court declined to enjoin enforcement of the statute, but declared the statute to violate the Constitution of the United States. The court held that the statute violated the liberty guaranteed by the Fourteenth Amendment against deprivation by a state. The court quoted a Supreme Court case concerning abortion, Planned Parenthood v. Casey, inSNIPPETS: |
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2
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DECISION
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EXTRACTED KEY WORDS
STATUTE SUICIDE WASHINGTON CONSTITUTION PLAINTIFFS JUDGEMENT UNITED STATES SEATTLE TERMINALLY ILL COMPASSION PHYSICIANS PATIENTS DEATH VIOLATES LIFE CIRCUIT JUDGE JAMES POE PROMOTING MEDICAL TREATMENT MENTALLY COMPETENT ADULTS HAROLD GLUCKSBERG JUDGE WRIGHT ASSISTED SUICIDE EQUAL PROTECTION AMICUS CURIAE SUFFERING SWORN DECLARATION CHIEF DISTRICT JUDGE CONCLUDING |
For Publication United States Court of Appeals for the Ninth Circuit No. 94-35534 D.C. No. CV-94-00119 19-BJR Opinion Compassion In Dying a Washington nonprofit corporation; JANE Roe; JOHN Doe; JAMES Poe; Harold GLUCKSBERG, M.D., Plaintiffs-Appellees, v. State of Washington; Christine GREGOIRE, Attorney General of Washington, Defendants-Appellants. Appeal from the United States District Court for the Western District of Washington Barbara J. Rothstein, Chief District Judge, Presiding Argued and Submitted December 7, 1994 - Seattle, Washington Filed March 9, 1995 Before: Eugene A. Wright, John T. Noonan, Jr., and Diarmuid F. O'Scannlain, Circuit Judges. Opinion by Judge Noonan; Dissent by Judge Wright Summary Individual Rights/Constitutional Rights/Privacy The court of appeals reversed a district court judgment. The court held that there was no basis for concluding that a Washington state statute that criminalizes promoting a suicide attempt violates the United States Constitution. A Washington state statute states that a person is guilty of the felony of promoting a suicide attempt when he knowingly causes or aids another person to attempt suicide. Appellee Compassion in Dying, three now-deceased individuals who were suffering from diseases, and four physicians asserting their own rights and those of their patients, sued appellant the State of Washington, seeking a declaration that the statute violated 42 U.S.C. § 1983 and the Constitution of the United States. They also asked that enforcement of the statute be enjoined. On motions for summary judgment, the district court denied the motion of the physicians asserting their own claims and denied Compassion's claim on its own behalf. The court, however, granted the motion for summary judgment of the now-deceased individuals and the similar motion of the physicians on behalf of their "terminally ill patients." The court declined to enjoin enforcement of the statute, but declared the statute to violate the Constitution of the United States. The court held that the statute violated the liberty guaranteed by the Fourteenth Amendment against deprivation by a state. The court quoted a Supreme Court case concerning abortion, Planned Parenthood v. Casey, in which the Court stated that "choices central to personal dignity and autonomy" areSNIPPETS: |
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3
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APPEAL
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EXTRACTED KEY WORDS
DISTRICT COURT TERMINALLY ILL COMPETENT LIBERTY PHYSICIAN INEVITABLE DEATH WASHINGTON UNDUE DYING TERMINALLY ILL ADULTS ROE APPELLEES PLAINTIFFS LIFE CASEY CONSTITUTION UNITED STATES PHYSICIAN-PRESCRIBED MEDICATIONS GOVERNMENT INTERFERENCE ASSISTANCE END-OF-LIFE MEDICAL TREATMENT MENTALLY COMPETENT LIFE SUPPORT EQUAL PROTECTION APPELLANTS REGULATION BURMAN THOMAS RCW |
IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT COMPASSION IN DYING, a Washington nonprofit corporation, JANE ROE, JOHN DOE,JAMES POE, HAROLD GLUCKSBERG, M.D., ABIGAIL HALPERIN, M.D., THOMAS A. PRESTON, M.D., and PETER SHALIT, M.D., Ph.D., Plaintiffs/Appellees v. STATE OF WASHINGTON and CHRISTINE GREGOIRE, Attorney General of Washington, Defendants/Appellants On Appeal from the United States District Court Western District of Washington BRIEF OF APPELLEES Kathryn L. Tucker David J. Burman Thomas L. Boeder Kari Anne Smith PERKINS COIE 1201 Third Avenue, 40th Floor Seattle, Washington 98101 (206) 583-8888 Attorneys for Appellees CONTENTS I. STATEMENT OF JURISDICTION II. STATEMENT OF ISSUES III. STATEMENT OF THE CASE IV. SUMMARY OF ARGUMENT V. ARGUMENT A. THE DISTRICT COURT WAS CORRECT IN FINDING THAT COMPETENT, TERMINALLY ILL ADULTS HAVE THE RIGHT TO CHOOSE TO HASTEN INEVITABLE DEATH WITH PHYSICIAN-PRESCRIBED MEDICATIONS 1. Competent, Terminally Ill Adults Have a Liberty Interest in Making End-of-Life Decisions Free of Undue Government Interference 2. Reproductive Rights Jurisprudence Supports AppelleesÌ Liberty Claim 3. Legitimate State Interests Can Be Protected Through State Regulation a. The StateÌs Interest in the Prevention of Suicide Can Be Adequately Protected by Regulation Ensuring That Assistance Is Only Provided to Mentally Competent Individuals b. The StateÌs Interest in Preservation of Life Can Be Adequately Protected by Regulation Ensuring That Assistance Is Only Provided to Terminally Ill Patients 4. The Liberty Interest in Refusing Medical Treatment in Order to Hasten Death Is No Greater Than That in Choosing to Hasten Inevitable Death With Medical AssistanceSNIPPETS: |
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4
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ROTHSTEIN-RULING
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EXTRACTED KEY WORDS
COURT PHYSICIAN-ASSISTED SUICIDE TERMINALLY ILL CONSTITUTIONALITY PLAINTIFFS UNDUE INFLUENCE MENTALLY COMPETENT WASHINGTON DEATH DEFENDANTS DYING ADULTS AMENDMENT COMPASSION SUMMARY JUDGMENT PROHIBITING UNITED STATES PLAINTIFFS ASSERT PLAINTIFFSí MOTION MEDICAL TREATMENT COMMIT PHYSICIAN-ASSISTED SUICIDE HAROLD GLUCKSBERG ASSISTED SUICIDE RCW LIFE SUPPORT ASSISTANCE EQUAL PROTECTION ABIGAIL HALPERIN PETER SHALIT |
The full text of Judge Rothstein's ruling: United States District Court No. C94-119R Western District of Washington at Seattle Order Granting in Part and Denying In Part Plaintiffsí Motion for Summary Judgment and Denying Defendantsí Cross-Motion for Summary Judgment. Compassion In Dying, a Washington nonprofit corporation, Jane Roe, John Doe, James Poe, Harold Glucksberg, M.D., Abigail Halperin, M.D., Thomas A. Preston, M.D., and Peter Shalit, M.D., Ph.D., Plaintiffs, v. The State of Washington and Christine Gregoire, Attorney General of Washington, Defendants I. INTRODUCTION THIS COURT is asked to rule as a matter of first impression on the constitutionality of the State of Washingtonís criminal prohibition against physician-assisted suicide. Specifically, the plaintiffs assert that the Fourteenth Amendment to the United States Constitution guarantees adults who are mentally competent, terminally ill, and acting under no undue influence the right to voluntarily hasten their death by taking a lethal dose of physician-prescribed drugs. Plaintiffs accordingly challenge the constitutionality of RCW 9A.36.060, which makes it a felony to knowingly aid another person in committing suicide. Plaintiffs challenge the statute only insofar as it bans physician- assisted suicide by mentally competent, terminally ill adults who knowingly and voluntarily choose to hasten their death. The plaintiffs seek both a declaratory judgment striking down the statute as unconstitutional and injunctive relief barring defendants State of Washington and the Washington Attorney General from enforcing the statute. Both plaintiffs and defendants now move for summary judgment. Description of Plantiffs The plaintiffs are a coalition of three terminally ill patients, five physicians who treat terminally ill patients, and Compassion in Dying, an organization which provides support, counseling and assistance to mentally competent, terminally ill adults considering suicide. 1. The patients Jane Roe is a 69-year old retired pediatrician who has suffered since 1988 from cancer which has now metastasized throughout her skeleton. Although she tried and benefited temporarily from various treatments including chemotherapy and radiation, she is now in the terminal phase of her disease. In November of 1993, her doctor referred her to hospice care. Only patients with a life expectancy of less than six months are eligible for such care. Jane Roe has been almost completely bedridden since June of 1993 and experiences constant pain, which becomes especially sharp and severe when she moves. The onlySNIPPETS: |
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