New Mexico Supreme Court Unanimously Upheld New Mexico Assisted Suicide Law

The New Mexico Supreme Court decided in a 5 – 0 decision upheld the New Mexico Court of Appeal decision that assisting a suicide is a crime in New Mexico in Morris v Brandenburg. The Court of Appeal had overturned an activist lower court decision that found a right to assisted suicide in New Mexico. Catherine G. Foster, an attorney with the Alliance Defending Freedom who represented legislators urging the court to uphold the Court of Appeals and find no right to aid in dying, told Scott Sandlin from the Albuquerque Journal that the Supreme Court decision is “a win for all New Mexicans”. “Physician-assisted suicide threatens all people and turns the focus from treatment to terminality and death,” said Foster, executive director of Euthanasia Prevention Coalition USA. “Simply put, diagnoses and prognoses aren’t foolproof, and no law can protect our weakest citizens, particularly the elder and disabled communities, from the coercion and abuse that go hand-in-hand with (it).” The New Mexico Supreme Court decision states (page 2, 3): the State has legitimate interests in (1) protecting the integrity and ethics of the medical profession; (2) protecting vulnerable groups—including the poor, the elderly, and disabled persons—from the risk of subtle coercion and undue influence in end-of-life situations, including pressures associated with the substantial financial burden of end-of-life health care costs; and (3) protecting against voluntary or involuntary euthanasia because if physician aid in dying is a constitutional right, it must be made available to everyone, even when a duly appointed surrogate makes the decision, and even when the patient is unable to self-administer the life-ending medication. Therefore, we decline...