Assisted Suicide Victory in New York Appellate Division

A clear and welcome ruling came down Tuesday, 3 May 2016, from the NY Appellate Division in an assisted suicide case in which NDY filed a friend-of-the-court brief joined by ten other national and state disability organizations. The Court found no constitutional right to assisted suicide. Below is an excerpt from the 36-page decision: [P]laintiffs rely on two papers that purport to offer empirical evidence that Oregon’s Death with Dignity Act, now in effect for over 20 years, has not invited the fears articulated by people opposed to aid-in-dying, such as an adverse impact on vulnerable populations, and the difficulty in distinguishing whether a wish to end one’s life is driven by a desire to control one’s death, clinical depression, or something else. However, even were a finder of fact to determine that aid-in-dying is “workable,” the issue before us transcends mere practical concerns. As the Supreme Court stated in Glucksberg, a state’s interest in preserving human life “is symbolic and aspirational as well as practical” (521 US at 729), favorably quoting the New York State Task Force, which observed: “‘While suicide is no longer prohibited or penalized, the ban against assisted suicide and euthanasia shores up the notion of limits in human relationships. It reflects the gravity with which we view the decision to take one’s own life or the life of another, and our reluctance to encourage or promote these decisions.’ New York Task Force 131-132” (id.). . . . . We find that, even giving plaintiffs the benefit of every reasonable inference, they have not presented sufficient allegations to suggest that the Penal Law has an...