In light of that history, this Court's decisions lead to the conclusion that respondents' asserted "right" to assistance in committing suicide is not a fundamental liberty interest protected by the Due Process Clause.
-Syllabus of the Supreme Court's Washington v. Glucksberg decision
THE SUPREME COURT FINALLY GETS IT RIGHT
On June 26, 1997, the U.S. Supreme Court issued its long-awaited decisions on assisted suicide. The Court ruled that "Washington's prohibition against Ôcaus[ing]' or Ôaid[ing]' suicide does not violate the Due Process Clause" (syllabus of Washington v. Glucksberg) and that "New York's prohibition on assisting suicide does not violate the Equal Protection Clause" (syllabus of Vacco v. Quill).
Unlike Roe v. Wade and Doe v. Bolton, these rulings do not wander through the "penumbras" (shadows) of the Constitution in search of "rights" which, in reality, can not be found in the Constitution. In Roe v. Wade an arrogant majority legislated from the bench what they wanted the Constitution to contain; in Washington v. Glucksberg and Vacco v. Quill a unanimous Court acted with judicial restraint and deference to legal tradition and legislative will. The Court not only refused to invent another constitutional "right" that would promote the culture of death, but by doing so ameliorated some of the constitutional damage of its abortion rulings.
You, the members of NRLC, can be pleased that the Court not only made use of the amicus ("friend of the court") briefs submitted by NRLC but also specifically referred to the Federal Assisted Suicide Funding Restriction Act of 1997, which NRLC played a key role in getting through Congress with huge majorities.
THE COURT'S DECISION DOES NOT END THE FIGHT OVER ASSISTED SUICIDE AND EUTHANASIA
The Court's denial of a constitutional right to assisted suicide is a great victory for the pro-life movement, but the final battle in the war over assisted suicide and euthanasia has yet to be fought and won. First of all, the proponents of assisted suicide will try to pass laws permitting the practice in individual states. And, secondly, euthanasia in the form of denied medical care will still be promoted with the catch words of "futile care" and "bringing health care costs under control."
The first big battle will be over Oregon's infamous Measure 16 which Oregon's voters passed by the slimmest of margins in 1994. This law would legalize assisted suicide by allowing physicians to prescribe lethal drugs to patients who request them for that purpose. Thus far legal challenges by the National Right to Life Educational Trust Fund (which your tax-deductible contributions fund) and NRLC's affiliate, Oregon Right to Life, have kept this law from going into effect. In addition to that, opponents of the law have convinced the Oregon legislature to put a vote on the repeal of Measure 16, on the ballot for the election in November 1997. One Oregon newspaper commented that "[f]or the first time in Oregon history, the Legislature has ordered a repeat election on an initiative that voters have already approved: the equally unprecedented 1994 ballot measure to legalize doctor-assisted suicide." You can imagine what resources suicide enthusiasts will be throwing into that election. This is going to be a very tough battle! Oregon Right to Life is desperately in need of your help. Its address is 4335 River Road, Salem, Oregon 97303.
The next battles will be in the state legislatures over legislation on assisted suicide. As the Supreme Court noted, most states prohibit the practice, but the issue will be forced on us either because existing laws need to be strengthened or our opponents seek to legalize assisted suicide or weaken laws prohibiting it.
Whichever is the case, it is absolutely essential that you and your friends in the legislature work closely with NRLC's Department of State Legisla-tion on every aspect of such legislation. NRLC has model legislation that you can use. It is very easy to make a truly "fatal mistake" in these matters. So make use of NRLC's expertise.
FEAR OF FUTURE PAIN FUELS THE DEMAND FOR ASSISTED SUICIDE
Although the desire to "die with dignity" or not to be a "burden" to family and society are commonly stated reasons for demanding laws legalizing assisted suicide, it is really the fear and expectation of severe pain during a future serious illness that makes people agree with the notion that assisted suicide should be legally available.
Most people realize that dying with dignity follows from having lived with dignity, from doing and striving to do what's right. Dying from an overdose of drugs won't bring dignity. And most people instinctively understand that the desire not to be a burden all too easily is perverted into the duty to die, not to "waste" money that could go to one's heirs, and not to "consume" resources of the health care system.
The expectation of being in pain is a serious issue even though there is effective pain control available for over 99% of all cases of severe pain. The problem arises from too many physicians still being ignorant about modern pain control methods and from a reluctance to use narcotics because they are associated with street crime and from an unfounded fear of causing addiction. Also, state medical boards and governmental authorities are concerned about illegal use of narcotic drugs, hence some physicians are reluctant to make effective pain control available for fear of losing their licenses. For these reasons, NRLC has developed model legislation that protects physicians when they offer medically sound and effective pain control.
Contrary to the common misconception, it is depression and not pain that causes people to commit suicide. This fact has been verified by sound research again and again. It is important to recognize that the fear of pain yet to come fuels the demand for assisted-suicide legislation, while existing depression is the most common cause of it-but depression and pain are both treatable.
We must convince our fellow citizens that we preserve the dignity of the ill and afflicted by surrounding them with care and treatment and not by abandoning them to a medical executioner. Do this and you may save your own life.