SHERRY F. COLB The Implications of Death Penalty Law for Human Euthanasia FindLaw columnist and Rutgers law professor Sherry Colb argues that the constitutional right not to be subject to cruel and unusual punishment may have interesting implications for a possible constitutional right for suffering, terminally-ill patients to avail themselves of euthanasia with the help of a physician. Colb points out, in support of her argument, that the Supreme Court has already recognized a constitutional right to refuse medical treatment, which includes the right to refuse food and water. The anomalous result, she points out, is that Court precedents have caused a terminally-ill patient to have the painful option of starving to death, but not less painful options with which a doctor could assist.
Wednesday, Apr. 16, 2008