CONSTITUTIONAL LAW
W.B. Fisch, Fall 2002
Assignment #27
WASHINGTON V. GLUCKSBERG, p. 655 (1997).
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What regulation is being challenged?
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Does it affect a "fundamental right"?
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How does this case differ from Cruzan, the withdrawal-of-life-support
case discussed in the various Glucksberg opinions?
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Does a patient have a "right to die"?
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Was the regulation in Cruzan inconsistent with a "right
to die"? How does one know when a patient who is now comatose has consciously
exercised the "right to die"?
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Is there a difference between the "right to die" and
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the "right to commit suicide"?
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the "right to commit suicide with another's assistance"?
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the "right to die with dignity"?
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How does this case differ from the right to an abortion (Roe/Casey),
discussed in the various Glucksberg opinions?
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What burden of justification does the Glucksberg regulation
have to meet?
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What interests does the regulation serve?
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Those of the patient? What are they?
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Personal autonomy?
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Staying alive?
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Avoiding intolerable pain?
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Those of the state? What are they?
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Preserving life?
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Avoiding errors in determining a patient's true wishes?
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Those of the medical profession? What are they?
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In avoiding responsibility for a death?
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In avoiding liability for acceding to the patient's wishes?
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In doing what is best for the patient?
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How does Justice O'Connor's rationale differ from Chief Justice
Rehnquist's?
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Is there a crucial difference between permitting a physician
to prescribe and administer ultimately lethal palliatives (morphine or
other pain medication), and permitting "physician-assisted suicide"?
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How does Rehnquist's opinion impact on this difference?
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How does Justice Souter’s rationale differ from the others?
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does DP forbid all arbitrary or irrational governmental
acts?
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does DP forbid all unreasonable governmental acts?