NewsHour: Stuart Taylor on a Supreme Court Case – January 8, 1997

ELIZABETH FARNSWORTH: Let’s get one thing clear. This is about–the Supreme Court heard these cases that are about a doctor giving a patient, who is an adult, competent person, medication to take their own lives, right? This is not about a doctor administering an injection to somebody who’s wasting away?

STUART TAYLOR: That’s exactly what it’s about. And a patient–the lower courts held it would–this right would only apply if the patient was terminally ill and mentally competent, and that the patient would administer the medication him or herself. This case, it relates to large issues of other kinds, but strictly speaking, that’s what it’s about.

ELIZABETH FARNSWORTH: Okay. We just heard about the case in Washington State. Tell us about the New York case.

STUART TAYLOR: In the New York case it was rather similar–three doctors who want to be able to help their patients end their lives with dignity and with less pain. And three patients who were terminally ill and wanted that kind of help and who have all died since the litigation began sued to strike down a New York law that bars anyone from assisting in a suicide, anyone including a physician. All 50 states have laws like this, unless one accepts Oregon, which recently repealed it by referendum, but that’s tied up in litigation. In any event, that case went up to the U.S. Court of Appeals for the 2nd Circuit, and they struck down the law in a three-nothing vote, but by a different rationale, a substantially different rationale than the 9th Circuit and the case we just heard about.