Washington v. Glucksberg, 521 U.S. 702 (1997)

Facts

  • Washington criminalized “promoting a suicide attempt,” making it a felony to knowingly cause or aid another person to attempt suicide.
  • Physicians, terminally ill patients, and a counseling nonprofit sought a declaration that the assisted-suicide ban was facially unconstitutional.
  • The plaintiffs asserted that the Fourteenth Amendment’s Due Process Clause protects a liberty interest of mentally competent, terminally ill adults to choose physician-assisted death.
  • The district court struck down the law, reasoning it imposed an undue burden on the asserted liberty interest.
  • The Ninth Circuit (en banc) affirmed, and the Supreme Court granted review.

Issues

  1. Whether the Due Process Clause protects a fundamental liberty interest of competent, terminally ill adults to obtain physician assistance in committing suicide.
  2. If no fundamental right exists, whether Washington’s assisted-suicide prohibition is nonetheless unconstitutional under rational basis review.

Decision

  • The Supreme Court reversed and upheld Washington’s assisted-suicide ban.
  • The Court held that a right to assistance in committing suicide is not a fundamental liberty interest protected by the Due Process Clause.
  • Because the asserted right was not fundamental, the statute was reviewed under rational basis and was sustained.
  • The Court distinguished the assumed constitutional protection for refusing unwanted lifesaving treatment from a claimed right to physician-assisted suicide.
  • The judgment was unanimous, with separate concurring opinions addressing doctrinal emphases and potential narrower future challenges.
  • Substantive due process protects only those liberties that are (1) carefully described and (2) deeply rooted in the Nation’s history and tradition.
  • A claimed right to “assistance in committing suicide” is not deeply rooted in American legal tradition and therefore is not a fundamental right.
  • When no fundamental right is implicated, a state law need only be rationally related to legitimate governmental interests.
  • Legitimate state interests supporting assisted-suicide prohibitions include preserving human life, preventing suicide, protecting vulnerable persons from coercion or abuse, and protecting the integrity and ethics of the medical profession.
  • Recognition of a right to refuse unwanted medical treatment does not entail a constitutional right to assisted suicide.

Conclusion

The Court held that the Fourteenth Amendment does not confer a fundamental right to physician-assisted suicide and upheld Washington’s prohibition because it was rationally related to legitimate state interests, leaving policy choices about assisted suicide to democratic processes.