A time to decide

Court to hear assisted suicide cases

Jack Kevorkian must be a happy man. The Supreme Court announced this week that it will finally render a decision on the tumultuous issue of physician-assisted suicide - an issue the court has avoided until now. The court has come close to addressing the issue before; in 1990, the court ruled terminally ill patients could refuse life-supporting medical treatment. The country has waited long enough for the court to decide the legality of physician-assisted suicide - justices should protect the integrity of individual choice and make the action legal.

The Supreme Court will review two recent federal appeals courts' decisions - one case is from New York and the other is from of Washington state. Appeals judges ruled that states cannot prohibit doctors prescribing life-ending drugs for mentally competent patients who were terminally ill and wanted to die.

In New York, the court ruled that the terminally ill are allowed to end life support; therefore, they should also be allowed to take lethal medications. In Washington, the court decided that Americans have the right to determine the "timing and manner" of their deaths, based on the "due process" clause of the 14th Amendment.

Both states appealed to the Supreme Court, which will render its decision next year, after hearing oral arguments from both sides. Many observers believe this is the biggest case the justices have heard regarding issues of freedom and right-to-life since the court legalized abortion with the 1973 ruling of Roe vs. Wade.

If the court decides in favor of the legalization of assisted suicide, it will most likely force states to consider a number of safeguards, such as competency checks of the patient or waiting periods to ensure there are no abuses of the process.

The requirements seem reasonable. However, if the Supreme Court does not offer a definitive answer, then the issue could go back to the states. State lawmakers would then decide whether assisted suicide is acceptable in their state. The Supreme Court should make the procedure legal; it is too risky to leave it up to the states where many conservatives lead the legislatures.

Individuals, especially those who are terminally ill, should have the freedom to choose whether to end or continue their life. Opponents argue that allowing physician-assisted suicide undermines the dignity of life.

But the opposite is true. Allowing individuals the choice to end their lives gives dignity - since the government serves the people's needs, it must be willing to trust people to do what is in their own best interests.

The Supreme Court has the chance to make physician-assisted suicide the law of the land. Patients who want to end their lives would do it themselves - if they could.

They want to die with dignity, peace and with their family and doctor. The court should not squander this historic opportunity, but use it to shape solid public policy.


10-04-96

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