Myers New York Civil Liberties Union Amicus Brief. New York's "consistent and almost universal tradition" has "long rejected the asserted right, and continues to explicitly reject it today" (Glucksberg, 521 US at 723). At present, the Legislature of this State has permissibly concluded that an absolute ban on assisted suicide is the most reliable, effective, and administrable means of protecting against its dangers (see Glucksberg, 521 US at 731-733). Alternatively, plaintiffs claim that the assisted suicide statutes, if applied to aid-in-dying, would violate their rights under the Equal Protection and Due Process Clauses of our State Constitution. When the complaint was filed, one plaintiff was 62 years old and suffered from Lou Gehrig's disease, a neurodegenerative condition without a cure. The appeal seeks to reverse lower court decisions that dismissed the case prior to trial. He developed laryngeal carcinoma, which necessitated a tracheotomy that made it difficult for him to speak. In Your State Learn where medical aid in dying is authorized, states with pending legislation and where Compassion & Choices has on-the-ground efforts that you can join. Such disagreements are telling. . Resolution of the constitutional question requires consideration of the patient's rights; not a speculative exploration of the physician's intent. The Legislature has periodically examined that ban — including in recent years — and has repeatedly rejected attempts to legalize physician-assisted suicide in New York. Permitting these patients to choose whether to experience the short time that remains under conditions some may find unbearable is a recognition of the importance of individual autonomy and the limits of the State's ability to interfere with a patient's most intimate personal decisions (Rivers, 67 NY2d at 492-493; Obergefell, 135 S Ct at 2597). BRIEF FOR PLAINTIFFS-APPELLANTS. A consideration of the 'slippery slope' objection to voluntary euthanasia, including a review of the Dutch experience. Myers v. Schneiderman… (Reese v. Laymon, 2 Ill. 2d 614.) are burdened by general fatigue, deterioration and loss of personal dignity" (Dan Bilefsky, Christopher F. Schuetze, Dutch Law Would Allow Assisted Suicide for Healthy Older People, New York Times, Oct 14, 2016 at A5, available at https://www.nytimes.com/2016/10/14/world/europe/dutch-law-would-allow-euthanasia-for-healthy-elderly-people.html?_r=0 [accessed August 21, 2017]). ** The Clerk of the Court is directed to amend the official caption in the case to conform to the caption listed above. While we have not defined its outer limit, "[t]his Court has repeatedly construed the State Constitution's Due Process Clause to provide greater protection than its federal counterpart as construed by the Supreme Court" (People v LaValle, 3 NY3d 88, 127 [2004]; see [*10]also People v Scott, 79 NY2d 474, 496 [1992]). "[C]ourts may not reject a literal construction [of a statute] unless it is evident that a literal construction does not correctly reflect the legislative intent" (Matter of Schinasi, 277 NY 252, 259 [1938]). The dying process, candidly recounted, illustrates the struggle of the terminally ill to live and die on their own terms, and is a vivid reminder of the fragility of human existence. Conclusion. . The full text of the brief can be read, National Institute of Family and Life Advocates v. Becerra, Norris, et al. In such cases, patients have "a constitutionally cognizable interest in obtaining relief from the suffering that they may experience in the last days of their lives" that outweighs the State's interest in essentially prolonging the agony (Glucksberg, 521 US at 737). Here is a link to the docket in the New York Court of Appeals (just search for Myers v. Schneiderman). The descent down the slippery slope in the Netherlands, however, verifies the fear that jurisdictions in this country will find it difficult to limit the application of physician-assisted dying to the terminally ill. Perhaps most disturbingly, the Dutch practice of legalized euthanasia and physician-assisted suicide has quickly been extended to young children. But to the extent the Court left open the prospect of a successful future due process challenge, its concession was a narrow one. When a physician removes a patient from a life-sustaining apparatus, or declines to administer life-saving procedures, the physician's intent, in accord with the wishes of the patient, is to precipitate the death of the patient. Given our holding that the Due Process Clause of the New York State Constitution does not provide heightened protection to the asserted liberty interest, plaintiffs must show, with respect to their as-applied challenge, that the assisted suicide statutes no longer survive rational basis review. Myers v. Schneiderman. Myers Medical Coalition Amicus Brief . The NYCLU brief noted that mentally competent individuals who are terminally ill often go to great lengths to cure their … Experience teaches us that arguably benign policies can lead to unanticipated results. " The following amicus briefs were submitted to the court in Myers v. ... the End of Life Liberty Project are applauding the ruling by the New York Court of Appeals to hear the appeal in the case of Myers, et. Because Washington's ban on assisted suicide was "at least reasonably related" to a number of "important and legitimate" state interests, the Court concluded that it survived rational basis review and that it did not violate the Due Process Clause of the Fourteenth Amendment (id. For the reasons I discuss, in those limited circumstances in which a patient seeks access to medical treatment options that end pain and hasten death, with the consent of a treating physician acting on best professional judgment, the State's interest is diminished and outweighed by the patient's liberty interest in personal autonomy. 212-356-0840 or -2502 . "It is the province of the Judicial branch to define, and safeguard, rights provided [*22]by the New York State Constitution, and order redress for violation of them" (Campaign for Fiscal Equity, Inc. v State, 100 NY2d 893, 925 [2003]). A 2016 survey of the euthanasia and physician-assisted suicide of 66 patients with psychiatric suffering in the Netherlands from 2011 to 2014 found that in most cases the patient's primary psychiatric condition was a depressive disorder (S.Y.H. David E. Marion offers a careful review of Brennan's opinions that clarifies his defense of libertarian dignity and illustrates the profound political and constitutional impact of Brennan's opinions on public discourse and government policy ... Physicians are often unable to accurately ascertain how much time a terminally-ill patient has remaining, or may misdiagnose an illness as terminal, thereby creating a risk that patients will elect assisted suicide based on inaccurate or misleading information [*35](Amicus Brief of The 39 Physicians, at 17-19). Legalizing assisted suicide enshrines in law the prejudice that death is preferable to receiving the assistance that many disabled people rely on" (Amicus Brief of Disability Rights Amici: Not Dead Yet et al., at 4). I am not suggesting that the legalization of voluntary euthanasia, in a society such as the Netherlands in which it was already widely practiced, necessarily increases the rate of non-voluntary euthanasia. 139. 3, 35-36 [1999]; Adam J. Cohen, The Open Door: Will the Right to Die Survive Washington v Glucksberg and Vacco v Quill?, 16 In Pub. . Confronted with a controversial and emotionally charged case, the New York Court of Appeals has done the right thing in declining the plaintiffs’ invitation to legislate from the bench. Mentally-competent, terminally-ill patients, with no cure or recourse other than inadequate pain management or palliative sedation to unconsciousness, and who face certain, imminent, excruciating death, are situated quantitatively and qualitatively differently from other individuals, even others living with terminal illnesses. Therefore, in my view, the State may not unduly burden a terminally-ill patient's access to physician-prescribed medication that allows the patient in the last painful stage of life to achieve a peaceful death as the end draws near.[FN6]. "At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life" (Casey, 505 US at 851). Indeed, the State's legitimate interest in promoting a bright-line rule is particularly evident when considering the challenges posed by regulation. (Charlotte Lozier Institute) – This September, a New York State court unanimously decided on an assisted suicide case and upheld state prohibitions on the practice of physician assisted suicide. The argument presumes that physicians who adopt aid-in-dying intend to cause the patient's death, while physicians who perform these other treatments intend solely to alleviate the patient's pain, and death is merely a potential unintended consequence. New York's Task Force on Life and the Law, [*6]which was first convened in 1984, carefully studied issues surrounding physician-assisted suicide and "unanimously concluded that [l]egalizing assisted suicide and euthanasia would pose profound risks to many individuals who are ill and vulnerable" and that the "potential danger[s] of this dramatic change in public policy would outweigh any benefit that might be achieved" (id. Although plaintiffs here assert a more particularized challenge to the assisted suicide statutes, their as-applied challenge nonetheless fails. To use the familiar metaphor, it would place New York on a slippery slope toward legalizing non-voluntary euthanasia. First, the Legislature may reasonably [*23]criminalize assisted suicide because to permit the practice would open the door to voluntary and non-voluntary euthanasia. at 735 [citation and quotation marks omitted]). In the case of the terminally ill, refusing treatment involves declining life-sustaining techniques that intervene to delay death. Legalizing physician-assisted suicide would convey a societal value judgment that such "indignities" as physical vulnerability and dependence mean that life no longer has any intrinsic value. Another part of society that could be at significant long-term risk is the community of people who are disabled. Concerns about allowing aid-in-dying for the sub-group I have identified are misplaced. The Netherlands has displayed another very disturbing trend: the countenancing of both voluntary euthanasia and non-voluntary euthanasia. In Glucksberg, Justice Stevens, concurring in the judgment, asserted that the Court had conceived of the plaintiffs' claim "as a facial challenge addressing not the application of the statute to a particular set of plaintiffs before it, but the constitutionality of the statute's categorical prohibition" against assisting a suicide (Glucksberg, 521 US at 740 [Stevens, J., concurring]). Health & Safety Code pt 1.85 [enacted in 2015]; Colorado Rev Stat §§ 25-48-101 - 25-48-123 [enacted in 2016]; D.C. Act 21-577 [enacted in 2016]), and those courts to have considered this issue with respect to their own State Constitutions have rejected similar constitutional arguments (see Morris v Brandenburg, 2016-NMSC-027, 376 P3d 836, 843 [2016]; Sampson v State of Alaska, 31 P3d 88 [Alaska 2001]; Krischer v McIver, 697 So 2d 97, 104 [Fla 1997]; People v Kevorkian, 447 Mich 436, 446, 527 NW2d 714, 717 [1994]; see also Donaldson v Lungren, 2 Cal App 4th 1614, 1622, 4 Cal Rptr 2d 59, 63 [Cal Ct App 1992])[FN3]. Although a liberty interest is at stake here, the Court implies and Judge Garcia argues that this question is best addressed by the Legislature (per curiam at 13; J. Garcia concurring op at 17). ; New York State Catholic Conference; Not Dead Yet, et al. Vacco v. Quill, 521 U.S. 793 (1997), This was a landmark case which dealt with the principle of the Right to die of the patients. He remained conscious during the 12 days that followed until his death, at one point developing terminal agitation that caused "sudden uncontrollable fits of yelling and violent thrashing" that led to him being strapped to his bed. The experience of euthanasia in the Netherlands amply justifies this assertion. Recently, the Dutch Pediatric Association has called for the age limit of 12 years old to be eliminated, so that "each child's ability to ask to die [w]ould be evaluated on a case-by-case basis" (Dutch paediatricians: give terminally ill children under 12 the right to die, The Guardian, June 19, 2015, available at https://www.theguardian.com/society/2015/jun/19/terminally-ill-children-right-to-die-euthanasia-netherlands [accessed August 21, 2017]). As there are no countervailing reasonable interpretations, these questions can be decided without any factual development. ... Jacob A. Myers: The Schneiderman … The availability of assisted suicide would therefore undermine the State's interest in preventing suicide in cases involving, for instance, untreated depression, coercion, or improperly managed pain. At most, this simply shows that the State may regulate this area, as other states have done.[FN19]. Lawrence, 539 US at 567; Brooke S.B. In the California cases, the district court certified two classes of over eight thousand disappointed “students,” and scheduled the cases for trial in late November 2016. Found inside – Page xxxvi1137 Morgan Case ) 1104 , 1114 United States , Morgan v . ( secWaberski Case 1049 ond Morgan Case ) 1104 Wachovia Bank & Trust Co. , United States , Myers v . ... Schneiderman 144 , 145 , 148 , 149 1215 , 1218 , 1220 Weeks v . [citation omitted]). These patient-plaintiffs expressed a desire for more than pain management; they sought to maintain a sense of dignity, autonomy, and personal integrity in the face of death, which they claimed had been compromised by both their respective illnesses and by the State's prohibition on assisted suicide. Myers NAELA NY Amicus. First, it does not conform with the experience of all physicians (TE [*14]Quill, et al., Palliative Options of Last Resort, 278(23) JAMA 2099, 2102 [Dec 17, 1997] ["[T]here is nothing psychologically or physically passive about taking someone off a mechanical ventilator who is incapable of breathing on his or her own."). Found inside – Page 406( Schneiderman , 394 III . at 583 , State , which have recognized that willful and 69 N.E.2d 293. ) ... Hara ( 1966 ) , 69 Ill.App.2d 22 , 26 , one case , willful and wanton misconduct may 216 N.E.2d 173 ; Cooper v . NACDL’s Pattern Cross-Examination for DNA and Biological Evidence will assist criminal defense practitioners in scoring points when cross-examining forensic experts in cases involving DNA and biological evidence. Accordingly, the order of the Appellate Division should be affirmed, without costs. Leave to file amicus curiae brief granted as indicated M 6492 . Found inside – Page xviMyers v . Anderson , 238 U. S. 368 ( 1915 ) . National Prohibition Cases , 253 U. S. 350 ( 1920 ) . Neal v . Delaware , 103 U. S. 370 ( 1880 ) . Opinion of the Justices , In Re , 132 Me . 491 , 167 Atl . 176 ( 1933 ) . The case was previously rejected unanimously by the trial court and the Appellate Division. Here, "euthanasia" refers to active euthanasia, i.e., the intentional killing of a patient, motivated by the physician's concern for the patient's suffering or "indignity." or incompetent owing to young age" (A. van der Heide et al., End-of-life practices in the Netherlands under the Euthanasia Act), and it was more common for the euthanasia to be justified by discussion with the patient's relatives than by past discussion with the patient (see id.). The risk of facilitating such a bleak prospect is a rational justification for New York's prohibition of assisted suicide. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level. Dept. Found inside – Page 305The Case for the Body in Public Bioethics O. Carter Snead. 26. Andrew Firlik, “Margo's Logo ... 40. Morris v. Brandenburg, 376 P.3d 836 (2016); Myers v. Schneiderman, 85 N.E.3d 57 (2017). 41. Morris v. Brandenburg, 376 P.3d at 848. 42. Found inside – Page 1063Facts relative the specification and in the drawings . In re Custer , thereto are readily available through ... Franc . by the courts in the case or cases cited and relied Strohmenger & Cowan v . ... F. E. Myers & Bro . ( ' 0. v . . 2016), Decision, pages 7, 10-11. at 709 n 6 [citation and quotation marks omitted])[FN6]. NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights. If a challenged statute infringes on a fundamental right, "it must withstand strict scrutiny and is void unless necessary to promote a compelling State interest and narrowly tailored to achieve that purpose" (Golden v Clark, 76 NY2d 618, 623 [1990]). bound question at hand, Bristol-Myers Squibb Co. v. Superior Court of California , 137 S. Ct. 1773, 1781 (2017): whether the Attorney General’s investigation The movement from allowing physician-assisted suicide to permitting euthanasia is facile; indeed, it apparently has not even been perceived as a transition in some societies outside the United States that have legalized the former practice. To the contrary, the State has asserted that the assisted suicide statutes encourage the unconditional treatment of the terminally ill and preserve the critical element of trust in a doctor-patient relationship at a time often marked by intense fear, uncertainty, and vulnerability. al. Decided on September 7, 2017
. Found inside – Page 7-116... if, in the court's determination, it is applicable to the facts of the case.612 It has been held that federal courts should not abstain if “methods for serving a ... Schneiderman, 2016 U.S. Dist. ... 3d 112 (D.P.R. 2015); Myers v. Accordingly, as in Glucksberg, the assisted suicide statutes do not violate our State Due Process Clause either on their face or "as applied to competent, terminally ill adults who wish to hasten their deaths by obtaining medication prescribed by their doctors" (Glucksberg, 521 US at 735 [citation and quotation marks omitted]). The per curiam opinion, which I join, outlines many of these legitimate government interests (see per curiam op at 12; see also Washington v Glucksberg, 521 US 702, 728-735 [1997] [holding that Washington State's then-ban on assisted suicide did not violate substantive due process under the Fourteenth Amendment of the Federal Constitution]). The proportion of deaths attributed to euthanasia and physician-assisted suicide had more than doubled over ten years (see Regional Euthanasia Review Committees, Annual Report 2005, at 2, available at https://english.euthanasiecommissie.nl/documents/publications/annual-reports/2002/annual-reports/annual-reports [accessed August 21, 2017] [1,933 cases of euthanasia and assisted suicide were reported in 2005]). . 1660 L St. NW, 12th Floor , Washington, DC 20036
A physician who provides aid-in-dying, however, indisputably intends for his or her actions to directly cause the patient's death; that is the very purpose of the lethal prescription.[FN7]. It places the patient in a condition where choosing to struggle against death is no longer possible. Justice Souter expanded on the point, noting that "[p]hysicians, and their hospitals, have their own financial incentives, too, in this new age of managed care. To be sure, "the common law of New York" recognizes a patient's right "to determine what shall be done with his own body and to control the course of his medical treatment" (Rivers v Katz, 67 NY2d 485, 492 [1986]; see also Schloendorff v Society of New York Hospital, 211 NY 125, 129—130 [1914]). The case, Myers v. Schneiderman, is an effort by proponents of physician assisted suicide to use the courts to overturn New York’s current ban on assisted suicide. ; Unitarian Universalist Association, et al. There is no possibility of an erroneous terminal diagnosis for these patients as aid-in-dying would only be available in the last stage of life, when the end is imminent and certain. The Appellate Division failed to consider whether its interpretation of the statute was consistent with legislative intent. MYERS ET AL V. SCHNEIDERMAN. Ct. Oct. 16, 2015). Per Curiam
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