“Is the Right to Die Dead?”

DePaul Law Review 50 (1):221-64 (2000)
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Abstract

In this essay, I maintain that the issue of whether the right to die is viable as a constitutionally protectable right remains open. I intend to reconcile the Supreme Court's holdings in Glucksberg and Quill by examining the different rationales the Justices offered for their decisions. I do not believe this issue can be resolved simply by asserting that the intention of the actor is different when assisting suicide, as compared to when life-sustaining treatment is withdrawn. Rather, the right to die continues to be viable due to the level of abstraction at which the Court chose to frame the issue in these cases.

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Vincent Samar
Loyola University, Chicago

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