washington et al glucksberg et argued january decided june held washington prohibition caus ing aid ing suicide violate due process clause pp examination nation history legal traditions practices demonstrates anglo american common law punished otherwise disapproved assisting suicide years rendering assistance still crime almost every state prohibitions never contained exceptions whowere near death prohibitions recent years reexamined part reaffirmed number president recently signed federal assisted suicide funding restriction act prohibits use federal funds support physician assisted suicide pp light history decisions lead conclusion respondents asserted right assistance committing suicide fundamental liberty interest protected due process clause established method substantive due process analysis two primary features first regularly observed clause specially protects fundamental rights liberties objectively deeply rooted nation history tradition moore east cleveland plurality opinion second required careful description asserted fundamental liberty interest reno flores ninth circuit respondents various descriptions interest stake right determin time manner one death right die liberty choose die right control one final days right choose humane dignified death liberty shape death run counter second requirement since washington statute prohibits aid ing another person attempt suicide question properly characterized whether liberty specially protected clause includes right commit suicide includes right assistance asserted right place nation traditions given country consistent almost universal continuing rejection right even terminally ill mentally competent adults hold respondents reverse centuries legal doctrine practice strike considered policy choice almost every state respondents contention asserted interest consistent substantive due process cases nation history practice unpersuasive constitutionally protected right refuse lifesaving hydration nutrition discussed cruzan supra simply deduced abstract concepts personal autonomy instead grounded nation history traditions given common law rule forced medication battery long legal tradition protecting decision refuse unwanted medical treatment although casey recognized many rights liberties protected due process clause sound personal autonomy follow important intimate personal decisions protected see san antonio school dist rodriguez casey notsuggest otherwise pp constitutional requirement washington assisted suicide ban rationally related legitimate government interests see heller doe unquestionably met interests include prohibiting intentional killing preserving human life preventing serious public health problem suicide especially among young elderly suffering untreated pain depression mental disorders protecting medical profession integrity ethics maintaining physicians role patients healers protecting poor elderly disabled persons terminally ill persons vulnerable groups indifference prejudice psychological financial pressure end lives avoiding possible slide towards voluntary perhaps even involuntary euthanasia relative strengths various interests need weighed exactingly since unquestionably important legitimate law issue least reasonably related promotion protection pp reversed remanded rehnquist delivered opinion scalia kennedy thomas joined filed concurring opinion ginsburg breyer joined part stevens souter ginsburg breyer filed opinions concurring judgment notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions wash ington typographical formal errors order corrections may made preliminary print goes press washington et petitioners harold glucksberg et al writ certiorari appeals ninth circuit june chief justice rehnquist delivered opinion question presented case whether washington prohibition caus ing aid ing suicide offends fourteenth amendment constitution hold always crime assist suicide state washington washington first territorial legislature outlawed assisting another commission self murder today washington law provides person guilty promoting suicide attempt knowingly causes aids another person attempt suicide rev code promoting suicide attempt felony punishable five years imprisonment fine time washington natural death act enacted withholding withdrawal life sustaining treatment shall purpose constitute suicide rev code petitioners case state washington attorney general respondents harold glucksberg abigail halperin thomas preston peter shalit physicians practice washington doctors occasionally treat terminally ill suffering patients declare assist patients ending lives washington assisted suicide ban january respondents along three gravely ill pseudonymous plaintiffs since died compassion dying nonprofit organization counsels people considering physician assisted suicide sued district seeking declaration wash rev code face unconstitutional compassion dying washington supp wd plaintiffs asserted existence libertyinterest protected fourteenth amendment extends personal choice mentally competent terminally ill adult commit physician assisted suicide relying primarily planned parenthood casey cruzan director missouri dept health district agreed concluded washington assisted suicide ban unconstitutional places undue burden exercise constitutionally protected liberty interest district also decided washington statute violated equal protection clause requirement persons similarly situated treated alike quoting cleburne cleburne living center panel appeals ninth circuit reversed emphasizing two hundred five years existence constitutional right aid killing oneself ever asserted upheld final jurisdiction compassion dying washington ninth circuit reheard case en banc reversed panel decision affirmed district compassion dying washington like district en banc appeals emphasized casey cruzan decisions also discussed described historical current societal attitudes toward suicide assisted suicide andconcluded constitution encompasses due process liberty interest controlling time manner one death short constitutionally recognized right die eighing balancing interest washington various interests held state assisted suicide ban unconstitutional applied terminally ill competent adults wish hasten deaths medication prescribed physicians reach district equal protection holding granted certiorari reverse specifically years anglo american common law tradition punished otherwise disapproved suicide assisting suicide cruzan scalia concurring century henry de bracton one first legal treatise writers observed ust man may commit felony slaying another may slaying bracton laws customs england woodbine thorne real personal property one killed avoid conviction punishment crime forfeit king however thought bracton man slays weariness life unwilling endure bodily pain movable goods confiscated thus principle suicide sane person whatever reason punishable felony introduced english common law centuries later sir william blackstone whose commentaries laws england provided definitive summary common law also primary legal authority century american lawyers referred suicide self murder pretended heroism real cowardice stoic philosophers destroyed avoid ills fortitude endure blackstone commentaries blackstone emphasized law ranked suicide among highest crimes ibid although anticipating later developments conceded harsh shameful punishments imposed suicide borde little upon severity part early american colonies adopted common law approach example legislators providence plantations later become rhode island declared elf murder agreed unnatural present assembly declared wherein doth kills premeditated hatred life humor goods chattels king custom debts lands case infant lunatic mad distracted man forfeits nothing earliest acts laws colony rhode island providence plantations cushing ed virginia also required ignominious burial suicides estates forfeit crown scott criminal law colonial virginia time however american colonies abolished harsh common law penalties william penn abandoned criminal forfeiture sanction pennsylvania colonies later eventually followed example cruzan scalia concurring zephaniah swift later become chief justice connecticut wrote act contemptible attempt punish offender crime exercising mean act revenge upon lifeless clay insensible punishment greater cruelty inflicting punishment forfeiture goods must fall solely innocent offspring offender suicide abhorrent feelings mankind strong love life implanted human heart frequently committed become dangerous society course necessity punishment swift system laws state connecticut scalia concurring nonetheless although moved away blackstone treatment suicide courts continued condemn grave public wrong see bigelow berkshire life ins suicide act criminal self destruction von holden chapman app div blackwood jones sophistry tolerated seek justify self destruction commendable even matter personal right suicide remained grievous though nonfelonious wrong confirmed fact colonial early state legislatures courts retreat prohibiting assisting suicide swift early century treatise laws connecticut stated one counsels another commit suicide reason advice kills advisor guilty murder principal swift digest laws state connecticut well established common law view see joseph cal commonwealth mink mass murder one self felony accessory equally guilty aided abetted murder quoting chief justice parker charge jury commonwealth bowen mass similar principle consent homicide victim wholly immaterial guilt person cause death stephen history criminal law england see wharton criminal law ed martin commonwealth right life personal security sacred estimation common law inalienable prohibitions assisting suicide nevercontained exceptions near death rather life life ha become burden hopelessly diseased fatally wounded nay even lives criminals condemned death protection law equally lives full tide life enjoyment anxious continue live blackburn state ohio see bowen supra prisoner persuaded another commit suicide tried murder even though victim scheduled shortly executed earliest american statute explicitly outlaw assisting suicide enacted new york act ch laws codified rev stat pt ch tit art many new territories followed new york example marzen new york commission led dudley field drafted criminal code prohibited aiding suicide specifically furnish ing another person deadly weapon poisonous drug knowing person intends use weapon drug taking life time fourteenth amendment ratified crime assist suicide see cruzan supra scalia concurring field penal code adopted dakota territory new york language served model several western statutes late early centuries marzen california example codified assisted suicide prohibition using language similar field code century model penalcode also prohibited aiding suicide prompting many enact revise assisted suicide bans code drafters observed interests sanctity life represented criminal homicide laws threatened one expresses willingness participate taking life another even though act may accomplished consent request suicide victim american law institute model penal code comment official draft revised comments though deeply rooted assisted suicide bans recent years reexamined generally reaffirmed advances medicine technology americans today increasingly likely die institutions chronic illnesses president study ethical problems medicine biomedical behavioral research deciding forego life sustaining treatment public concern democratic action therefore sharply focused best protect dignity independence end life result many significant changes state laws attitudes laws reflect many example permit living wills surrogate health care decisionmaking withdrawal refusal life sustaining medical treatment see vacco quill post people kevorkian nn nn time however voters legislators continue part reaffirm prohibitions assisting suicide washington statute issue case rev code enacted part revision state criminal code four years later washington passed natural death act specifically stated withholding withdrawal life sustaining treatment shall purpose constitute suicide othing chapter shall construed condone authorize approve mercy killing natural death act laws ch codified rev code washington voters rejected ballot initiative passed permitted form physician assisted suicide washington added provision natural death act expressly excluding physician assisted suicide laws ch rev code california voters rejected assisted suicide initiative similar washington hand voters oregon enacted also ballot initiative state death dignity act legalized physician assisted suicide competent terminally ill adults since oregon vote manyproposals legalize assisted suicide continue introduced legislatures none enacted last year iowa rhode island joined overwhelming majority explicitly prohibiting assisted suicide see iowa code ann supp laws supp also april president clinton signed federal assisted suicide funding restriction act prohibits use federal funds support physician assisted suicide pub stat codified et seq thus currently engaged serious thoughtful examinations physician assisted suicide similar issues example new york state task force life law ongoing blue ribbon commission composed doctors ethicists lawyers religious leaders interested laymen convened commissioned broad mandate recommend public policy issues raised medical advances new york task force vii past decade task force recommended laws relating end life decisions surrogate pregnancy organ donation studying physician assisted suicide however task force unanimously concluded egalizing assisted suicide euthanasia pose profound risks many individuals ill vulnerable potential dangers dramatic change public policy outweigh benefit might achieved attitudes toward suicide changed since bracton laws consistently condemned continue prohibit assisting suicide despite changesin medical technology notwithstanding increased emphasis importance end life decisionmaking retreated prohibition backdrop history tradition practice turn respondents constitutional claim ii ha always reluctant expand theconcept substantive due process guideposts responsible decisionmaking unchartered area scarce open ended collins extending constitutional protection asserted right liberty interest great extent place matter outside arena public debate legislative action must therefore exercise utmost care whenever asked break new ground field ibid lest liberty protected due process clause subtly transformed policy preferences members moore plurality opinion established method substantive due process analysis two primary features first regularly observed due process clause specially protects fundamental rights liberties objectively deeply rooted nation history tradition plurality opinion snyder massachusetts rooted traditions conscience people ranked fundamental implicit concept ordered liberty neither liberty justice exist sacrificed palko connecticut second required substantive due process cases careful description asserted fundamental liberty interest flores supra collins supra cruzan supra nation history legal traditions practices thus provide crucial guideposts responsible decisionmaking collins supra direct restrain exposition due process clause stated recently flores fourteenth amendment forbids government infringe fundamental liberty interests matter process provided unless infringement narrowly tailored serve compelling state interest justice souter relying justice harlan dissenting opinion poe ullman largely abandon restrained methodology instead ask whether washington statute sets one arbitrary impositions purposeless restraints odds due process clause fourteenth amendment post quoting poe harlan dissenting view however development substantive due process jurisprudence described briefly supra process whereby outlines liberty specially protected fourteenth amendment never fully clarified sure perhaps capable fully clarified least carefully refined concrete examples involving fundamental rights found deeply rooted legal tradition approach tends rein subjective elements necessarily present due process judicial review addition establishing threshold requirement challenged state action implicate fundamentalright requiring reasonable relation legitimate state interest justify action avoids need complex balancing competing interests every case turning claim issue appeals stated roperly analyzed first issue resolved whether liberty interest determining time manner one death words right die similarly respondents assert liberty choose die right control one final days brief respondents describe asserted liberty right choose humane dignified death liberty shape death noted tradition carefully formulating interest stake substantive due process cases example although cruzan often described right die case see post stevens concurring judgment cruzan recognized specific interest making decisions confront imminent death fact precise assumed constitution granted competent persons constitutionally protected right refuse lifesaving hydration nutrition cruzan concurring liberty interest refusing unwanted medical treatment may inferred prior decisions washington statute issue case prohibits aid ing another person attempt suicide rev code thus question us whether liberty specially protected due process clause includes right commit suicide includes right assistance inquire whether asserted right place nation traditions discussed supra confronted consistent almost universal tradition long rejected asserted right continues explicitly reject today even terminally ill mentally competent adults hold respondents reverse centuries legal doctrine practice strike considered policy choice almost every state see jackman rosenbaum thing practiced two hundred years common consent need strong case fourteenth amendment affect flores mere novelty claim reason enough doubt substantive due process sustains respondents contend however liberty interest assert consistent substantive due process line cases nation history practice pointing casey cruzan respondents read jurisprudence area reflecting general tradition self sovereignty brief respondents teaching liberty protected due process clause includes basic intimate exercises personal autonomy see casey promise constitution realm personal liberty government may enter according respondents liberty jurisprudence broad individualistic principles reflects protects liberty competent terminally ill adults make end life decisions free undue government interference brief respondents question presented case however whether protections due process clause include right commit suicide another assistance careful description respondents claim mind turn casey cruzan cruzan considered whether nancy beth cruzan severely injured automobile accident persistive vegetative state ha right constitution require hospital withdraw life sustaining treatment parents request cruzan began observation common law even touching one person another without consent without legal justification battery ibid discussed related rule informed consent generally required medical treatment ibid reviewing long line relevant state cases concluded common law doctrine informed consent viewed generally encompassing right competent individual refuse medical treatment next reviewed cases subject stated principle competent person constitutionally protected liberty interest refusing unwanted medical treatment may inferred prior decisions therefore purposes case assume constitution grant competent person constitutionally protected right refuse lifesaving hydration nutrition see concurring concluded notwithstanding right constitution permitted missouri require clear convincing evidence incompetent patient wishes concerning withdrawal life sustaining treatment respondents contend cruzan acknowledged competent dying persons right direct removal life sustaining medical treatment thus hasten death brief respondents constitutional principle behind recognizing patient liberty direct withdrawal artificial life support applies least strongly choice hasten impending death consuming lethal medication similarly appeals concluded cruzan recognizing liberty interest includes refusal artificial provision life sustaining food water necessarily recognize liberty interest hastening one death right assumed cruzan however simply deduced abstract concepts personal autonomy given common law rule forced medication battery long legal tradition protecting decision refuse unwanted medical treatment assumption entirely consistent nation history constitutional traditions decision commit suicide assistance another may personal profound decision refuse unwanted medical treatment never enjoyed similar legal protection indeed two acts widely reasonably regarded quite distinct see quill vacco post cruzan recognized outlawed assisted suicide even today certainly gave intimation right refuse unwanted medical treatment somehow transmuted right assistance committing suicide respondents also rely casey opinion concluded essential holding roe wade retained reaffirmed casey held first woman right fetus viable abortion without undue interference state second may restrict abortions long exceptions made protect woman life health third state legitimate interests throughout pregnancy protecting health woman life unborn child ibid reaching conclusion opinion discussed detail substantive due process tradition interpreting due process clause protect certain fundamental rights personal decisions relating marriage procreation contraception family relationships child rearing education noted many rights liberties involv intimate personal choices person may make lifetime appeals like district found casey highly instructive almost prescriptive determining liberty interest may inhere terminally ill person choice commit suicide like decision whether abortion decision die one intimate personal choices person may make lifetime choice central personal dignity autonomy similarly respondents emphasize statement casey heart liberty right define one concept existence meaning universe mystery human life beliefs matters define attributes personhood formed compulsion state casey brief respondents choosing language opinion casey described general way light prior cases personal activitiesand decisions identified deeply rooted history traditions fundamental concept constitutionally ordered liberty protected fourteenth amendment opinion moved recognition liberty necessarily includes freedom conscience belief ultimate considerations observation though abortion decision may originate within zone conscience belief philosophic exercise casey emphasis added many rights liberties protected due process clause sound personal autonomy warrant sweeping conclusion important intimate personal decisions protected san antonio independent school dist rodriguez casey suggest otherwise history law treatment assisted suicidein country continues one rejection nearly efforts permit case decisions lead us conclude asserted right assistance committing suicide fundamental liberty interest protected due process clause constitution also requires however washington assisted suicide ban rationally related legitimate government interests see heller doe flores requirement unquestionably met recognized washington assisted suicide ban implicates number state interests see brief state california et al amici curiae brief amicus curiae first washington unqualified interest preservation human life cruzan state prohibition assisted suicide like homicide laws reflects advances commitment interest see model penal code comment interests sanctity life represented criminal homicide laws threatened one expresses willingness participate taking life another interest symbolic aspirational well practical suicide longer prohibited penalized ban assisted suicide euthanasia shores notion limits human relationships reflects gravity view decision take one life life another reluctance encourage promote decisions new york task force relatedly admit suicide serious public health problem especially among persons otherwise vulnerable groups see washington state dept health annual summary vital statistics pp suicide leading cause death washington ages new york task force suicide rate general population one percent suicide especially prevalent among young elderly state interest preventing suicide studying identifying treating causes see beezer dissenting state recognizes suicide manifestation medical psychological anguish marzen attempt suicide terminally ill often suffer depression mental disorders see new york task force commit suicide major psychiatric illness time death among terminally ill uncontrolled pain risk factor contributes depression physician assisted suicide euthanasia netherlands report chairman charles canady subcommittee constitution house committee judiciary comm print cf back wallace starks pearlman physician assisted suicide euthanasia washington state jama ntolerable physical symptoms reason patients request physician assisted suicide euthanasia research indicates however many people request physician assisted suicide withdraw request depression pain treated hendin seduced death doctors patients dutch cure suicidal terminally ill patients usually respond well treatment depressive illness pain medication grateful alive new york task force new york task force however expressed concern depression difficult diagnose physicians medical professionals often fail respond adequately seriously ill patients needs thus legal physician assisted suicide make difficult state protect depressed mentally ill persons suffering untreated pain suicidal impulses state also interest protecting integrity ethics medical profession contrast appeals conclusion integrity medical profession threatened way physician assisted suicide american medical association like many medical physicians groups concluded hysician assisted suicide fundamentally incompatible physician role healer american medical association code ethics see council ethical judicial affairs decisions near end life jama societal risks involving physicians medical interventions cause patients deaths great new york task force discussing physicians views physician assisted suicide argued undermine trust essential doctor patient relationship blurring time honored line healing harming assisted suicide hearing subcommittee constitution house committee judiciary testimony leon kass patient trust doctor whole hearted devotion best interests hard sustain next state interest protecting vulnerable groups including poor elderly disabledpersons abuse neglect mistakes appeals dismissed state concern disadvantaged persons might pressured physician assisted suicide ludicrous face recognized however real risk subtle coercion undue influence end life situations cruzan similarly new york task force warned egalizing physician assisted suicide pose profound risks many individuals ill vulnerable risk harm greatest many individuals society whose autonomy well already compromised poverty lack access good medical care advanced age membership stigmatized social group new york task force see compassion dying insidious bias handicapped coupled cost saving mentality makes especially need washington statutory protection physician assisted suicide permitted many might resort spare families substantial financial burden end life health care costs state interest goes beyond protecting vulnerable coercion extends protecting disabled terminally ill people prejudice negative inaccurate stereotypes societal indifference state assisted suicide ban reflects reinforces policy lives terminally ill disabled elderly people must less valued lives young healthy seriously disabled person suicidal impulses interpreted treated way anyone else see new york task force physician assisted suicide euthanasia netherlands report chairman charles canady discussing prejudice toward disabled negative messages euthanasia assisted suicide send handicapped patients finally state may fear permitting assisted suicide start path voluntary perhaps even involuntary euthanasia appeals struck washington assisted suicide ban applied competent terminally ill adults wish hasten deaths obtaining medication prescribed doctors washington insists however impact decision limited brief petitioners suicide protected matter constitutional right argued every man woman must enjoy compassion dying see kevorkian appeals decision expansive reasoning provide ample support state concerns noted example decision duly appointed surrogate decision maker legal purposes decision patient instances patient may unable self administer drugs administration physician may way patient may able receive physicians also family members loved ones inevitably participate assisting suicide thus turns couched limited right physician assisted suicide likely effect much broader license prove extremely difficult police contain washington ban assisting suicide prevents erosion concern supported evidence practice euthanasia netherlands dutch government study revealed cases voluntary euthanasia defined deliberate termination another life request cases assisted suicide cases euthanasia without explicit request addition latter cases study found additional cases physicians administered lethal morphine overdoses without patients explicit consent physician assisted suicide euthanasia netherlands report chairman charles canady citing dutch study study suggests despite existence various reporting procedures euthanasia netherlands limited competent terminally ill adults enduring physical suffering regulation practice may prevented abuses cases involving vulnerable persons including severely disabled neonates elderly persons suffering dementia see generally gomez regulating death euthanasia case netherlands hendin seduced death doctors patients dutch cure new york task force citing dutch experience observed assisted suicide euthanasia closely linked new york task force concluded risk abuse neither speculative distant washington like reasonably ensures risk banning rather regulating assisting suicide see reels super film step taken appear reasonable step relation preceded although aggregate end result one never seriously considered first instance need weigh exactingly relative strengths various interests unquestionably important legitimate washington ban assisted suicide least reasonably related promotion protection therefore hold rev code violate fourteenth amendment either face applied competent terminally ill adults wish hasten deaths obtaining medication prescribed doctors throughout nation americans engaged earnest profound debate morality legality practicality physician assisted suicide holding permits debate continue democratic society decision en banc appeals reversed case remanded proceedings consistent opinion ordered nos washington et petitioners harold glucksberg et al writ certiorari appeals ninth circuit dennis vacco attorney general new york et petitioners timothy quill et al writ certiorari appeals second circuit june justice concurring death different us many last days spent physical pain perhaps despair accompanies physical deterioration loss control basic bodily mental functions seek medication alleviate pain symptoms frames issue case whether due process clause constitution protects right commit suicide includes right assistance ante concludes nation history legal traditions practices support existence right join opinions agree generalized right commit suicide respondents urge us address narrower question whether mentally competent person experiencing great suffering constitutionally cognizable interest controlling circumstances imminent death see need reach question context facial challenges new york washington laws issue see ante washington statute issue case prohibits aid ing another person attempt suicide thus question us whether liberty specially protected due process clause includes right commit suicide includes right assistance parties amici agree patient suffering terminal illness experiencing great pain legal barriers obtaining medication qualified physicians alleviate suffering even point causing unconsciousness hastening death see rev code brief petitioners brief respondents light even assuming recognize interest agree state interests protecting truly competent facing imminent death whose decisions hasten death truly voluntary sufficiently weighty justify prohibition physician assisted suicide ante post stevens concurring judgments post souter concurring judgment every one us point may affected family member terminal illness reason think democratic process strike proper balance interests terminallyill mentally competent individuals seek end suffering state interests protecting might seek end life mistakenly pressure recognizes presently undertaking extensive serious evaluation physician assisted suicide related issues ante see post souter concurring judgment circumstances challenging task crafting appropriate procedures safeguarding liberty interests entrusted laboratory first instance cruzan director mo dept health concurring citing new state ice liebmann sum need address question whether suffering patients constitutionally cognizable interest obtaining relief suffering may experience last days lives dispute dying patients washington new york obtain palliative care even hasten deaths difficulty defining terminal illness risk dying patient request assistance ending life might truly voluntary justifies prohibitions assisted suicide uphold nos washington et petitioners harold glucksberg et al writ certiorari appeals ninth circuit dennis vacco attorney general new york et petitioners timothy quill et al writ certiorari appeals second circuit june justice stevens concurring judgments ends opinion important observation holding today fully consistent continuation vigorous debate morality legality practicality physician assisted suicide democratic society ante write separately make clear also room debate limits constitution places power punish practice morality legality practicality capital punishment subject debate many years upheld constitutionality ofthe practice cases coming us georgia florida texas cases concluded state power place lesser value lives others absolute requirement state treat human life equal right preservation state legislatures sufficiently narrowed category lives state terminate enacted special procedures ensure defendant belonged limited category concluded statutes unconstitutional face later cases coming us however found applications statutes unconstitutional today decides washington statute prohibiting assisted suicide invalid face say cases might applied holding however foreclose possibility applications statute might well invalid originally filed case presented challenge washington statute face applied three terminally ill mentally competent patients four physicians treat terminally ill patients district issued opinion holding statute placed undue burden right commit physician assisted suicide see compassion dying washington supp wd three patients died although appeals considered constitutionality applied prescription life ending medication use terminally ill competent adult patients wish hasten deaths compassion dying washington individual plaintiff seeking hasten death doctor threatened prosecution assisting suicide particular patient analysis eventual holding statute unconstitutional limited particular set plaintiffs appropriate standard applied cases making facial challenges state statutes subject debate within see janklow planned parenthood sioux falls clinic upholding validity federal bail reform act stated salerno facial challenge legislative act course difficult challenge mount successfully since challenger must establish set circumstances exists act valid believe ever actually applied strict standard even salerno doesnot appear apply salerno nevertheless conceive respondents claim facial challenge addressing application statute particular set plaintiffs constitutionality statute categorical prohibition aid ing another person attempt suicide ante internal quotation marks omitted citing rev code accordingly requires plaintiffs show interest liberty protected fourteenth amendment includes right commit suicide includes right assistance ante history tradition provide ample support refusing recognize open ended constitutional right commit suicide much state paternalistic interest protecting individual irrevocable consequences ill advised decision motivated temporary concerns stake truth john donne observation man island state interest preserving andfostering benefits every human may provide community community thrives exchange ideas expressions affection shared memories humorous incidents well material contributions members create support value others person life far precious allow individual claim constitutional entitlement complete autonomy making decision end life thus fully agree liberty protected due process clause include categorical right commit suicide includes right assistance ante conclusion capital punishment always unconstitutional preclude later decisions holding sometimes impermissibly cruel equally clear decision upholding general statutory prohibition assisted suicide mean every possible application statute valid state like washington authorized death penalty thereby concluded sanctity human life require always preserved must acknowledge situations interest hastening death legitimate indeed interest sometimes legitimate also convinced times entitled constitutional protection cruzan director mo dept health assumed interest liberty protected fourteenth amendment encompassed right terminally ill patient direct withdrawal life sustaining treatment courtcorrectly observes today assumption simply deduced abstract concepts personal autonomy ante instead supported common law tradition protecting individual general right refuse unwanted medical treatment ibid recognized however common law right refuse treatment neither absolute always sufficiently weighty overcome valid countervailing state interests justice brennan pointed cruzan dissent upheld legislation imposing punishment persons refusing vaccinated citing jacobson massachusetts justice scalia pointed concurrence state ordinarily right interfere attempt commit suicide example forcibly placing bandage self inflicted wound stop flow blood cases individual constitutionally protected interest physical autonomy including right refuse unwanted medical treatment give way state interest preserving human life cruzan however normal case given irreversible nature illness progressive character suffering nancy cruzan interest refusing medical care incidental basic interest controlling manner timing death finding best interests served cutting nourishment kept alive trial simply vindicate cruzan interest refusing medical treatment essence authorized affirmative conduct hasten death reviewed case upheld missouri requirement beclear convincing evidence establishing nancy cruzan intent life sustaining nourishment withdrawn made two important assumptions liberty interest refusing unwanted treatment protected due process clause liberty interest end inquiry might outweighed relevant state interests agree assumptions insist source nancy cruzan right refuse treatment common law rule rather right aspect far broader basic concept freedom even older common law freedom embraces merely person right refuse particular kind unwanted treatment also interest dignity determining character memories survive long death recognizing state interests outweigh nancy cruzan liberty interest refusing medical treatment cruzan rested simply common law right refuse medical treatment least implicitly even fundamental right make deeply personal decision concurring thus common law right protection battery included right refuse medical treatment circumstances mark outer limits substantive sphere liberty supported cruzan family decision hasten nancy death planned parenthood southeastern casey limits never precisely defined generally identified importance character decision confronted individual whalen roe whatever outer limits concept may definitely includes protection matters central personal dignity autonomy casey includes individual right make certain unusually important decisions affect family destiny referred decisions implicating basic values fundamental dignified history tradition character language inthese cases brings mind origins american heritage freedom abiding interest individual liberty makes certain state intrusions citizen right decide live life intolerable fitzgerald porter memorial hospital footnotes omitted cert denied agree cruzan decide issue presented cases cruzan give recognition vague unbridled notions autonomy specific interest making decisions confront imminent death although absolute right physician assisted suicide cruzan makes clear individuals longer option deciding whether live die already threshold death constitutionally protected interest may outweigh state interest preserving life costs liberty interest stake case like differs stronger common law right refuse medical treatment unbridled interest deciding whether live die interest deciding rather whether critical threshold shall crossed state interests supporting general rule banning practice physician assisted suicide force cases first foremost interests unqualified interest preservation human life ante quoting cruzan equated sanctity life ante quoting american law institute model penal code comment official draft revised comments interest justifies commands maximum protection every individual interest remaining alive turn commands protection decisions whether commence terminate life support systems administer pain medication may hasten death properly viewed however interest collective interest always outweigh interests person pain incapacity sedation finds life intolerable rather aspect individual freedom many terminally ill people find lives meaningful even filled pain dependence others find value living suffering abiding desire witness particular events families lives many believe sin hasten death individuals different religious faiths make different judgments choices whether live circumstances want continue aggressive treatment prefer terminal sedation seek withdrawal life support systems death gradual starvation dehydration although general matter state interest contributions person may make society outweighs person interest ending life interest force terminally ill patient faced choice whether live die allowingthe individual rather state make judgments quality life particular individual may enjoy ante quoting cruzan mean lives terminally ill disabled people less value lives healthy see ante rather gives proper recognition individual interest choosing final chapter accords life story rather one demeans values poisons memories see brief bioethicists amici curiae see also dworkin life dominion whether someone best interests life end one way rather another depends much else special shape character life sense integrity critical interests uniform collective decision possibly hope serve everyone even decently similarly state legitimate interests preventing suicide protecting vulnerable coercion abuse preventing euthanasia less significant context agree state compelling interest preventing persons committing suicide depression coercion third parties state legitimate interest preventing abuse apply individual victimized abuse suffering depression makes rational voluntary decision seek assistance dying although new york task force report discusses diagnosing depression mental illness always easy mental health workers professionals expert working dying patients help patients cope depression pain help patients assess options see brief washington state psychological association et al amici curiae relatedly state amici express concern patients whose physical pain inadequately treatedwill likely request assisted suicide encouraging development ensuring availability adequate pain treatment utmost importance palliative care however alleviate pain suffering see orentlicher legalization physician assisted suicide modest revolution boston college rev galley greater use palliative care reduce demand assisted suicide eliminate see also brief coalition hospice professionals amici curiae citing studies showing death becomes imminent pain suffering become progressively difficult treat individual adequately informed care alternatives thus might make rational choice assisted suicide individual state interest preventing potential abuse mistake minimally implicated final major interest asserted state interest preserving traditional integrity medical profession fear rule permitting physicians assist suicide inconsistent perception serve patients solely healers patients physician refusal dispense medication ease suffering make death tolerable dignified inconsistent healing role see block billings patient request hasten death archives internal med doctor refusal hasten death may experienced dying patient abandonment rejection expression inappropriate paternalistic authority doctors long standing relationships patients given patients advice alternative treatments attentive patient individualized needs knowledgeable pain symptom management palliative care options see quill death dignity case individualized decisionmaking new england med heeding patient desire assist suicide serve harm physician patient relationship furthermore physicians already involved making decisions hasten death terminally ill patients termination life support withholding medical treatment terminal sedation fact significant tension traditional view physician role actual practice growing number cases new york state task force life law recognized state prohibition assisted suicideis justified fact ideal case patients screened depression offered treatment effective pain medication available patients supportive committed family doctor usual case new york state task force life law death sought assisted suicide euthanasia medical context may although concludes today potential harms sufficient support state general public policy assisted suicide always outweigh individual liberty interest particular patient unlike appeals say categorical matter state interests invalid entire class terminally ill mentally competent patients however foreclose possibility individual plaintiff seeking hasten death doctor whose assistance sought prevail particularized challenge future cases determine whether challenge may succeed new york doctor must respect competent person decision refuse discontinue medical treatment even though death thereby ensue doctor guilty felony provided patient assistance committing suicide today hold equal protection clause violated resulting disparate treatment two classes terminally ill people may interest hastening death agree distinction permitting death ensue underlying fatal disease causing occur administration medication means provides constitutionallysufficient basis state classification unlike however see vacco ante persuaded cases fact significant difference intent physicians patients families two situations may little distinction intent terminally ill patient decides remove life support one seeks assistance doctor ending life situations patient seeking hasten certain impending death doctor intent might also prescribing lethal medication terminating life support doctor fails administer medical treatment one dying disease intent harm kill patient conversely doctor prescribes lethal medication necessarily intend patient death rather doctor may seek simply ease patient suffering comply wishes illusory character differences intent causation confirmed fact american medical association unequivocally endorses practice terminal sedation administration sufficient dosages pain killing medication terminally ill patients protect excruciating pain even clear time death advanced purpose terminal sedation ease suffering patient comply wishes actual cause death administration heavy doses lethal sedatives intent causation may exist doctor complies patient request lethal medication hasten death thus although differences majority notes causation intent terminating life support assisting suicide support rejection respondents facial challenge distinctions may inapplicable particular terminally ill patients doctors holding today vacco quill equal protection clause violated new york classification like holding washington glucksberg washington statute invalid face foreclose possibility applications new york statute may impose intolerable intrusion patient freedom remains room vigorous debate outcome particular cases necessarily resolved opinions announced today cases may decided depend specific facts judgment however clear called unqualified interest preservation human life cruzan glucksberg ante sufficient outweigh interest liberty may justify possible means preserving dying patient dignity alleviating intolerable suffering washington et petitioners harold glucksberg et al writ certiorari appeals ninth circuit june justice souter concurring judgment three terminally ill individuals four physicians sometimes treat terminally ill patients brought challenge washington statute making crime knowingly ai another person attempt suicide rev code claiming behalf patients physicians violate substantive due process enforce statute doctor acceded dying patient request drug taken patient commit suicide question whether statute sets one arbitrary impositions purposeless restraints odds due process clause fourteenth amendment poe ullman harlan dissenting conclude statute application doctors shown unconstitutional write separately give reasons analyzing substantive due process claims rejecting one although terminally ill original parties died pendency case four physicianswho remain respondents continue request declaratory injunctive relief benefit discharging obligations dying patients request help see southern pacific terminal icc question capable repetition yet evading review case reaches us order granting summary judgment must take true undisputed allegations patients mentally competent terminally ill made knowing voluntary choice ask doctor prescribe medications self administered purpose hastening death complaint state dispute faced passage death agonizing mentally physically protracted time death suicide physician help chosen suicide sake personal dignity apart even relief pain doctor case claims encounter patients like original plaintiffs died mentally competent terminally ill seeking medical help voluntary self termination life may unanimity physician professional obligation circumstances accept respondents representation providing patients prescriptions drugs go beyond pain relief hasten death circumstances consistent standards medical practice hence take true respondents say washington statute prevents exercise physician best professional judgment toprescribe medications patients dosages enable act hasten deaths see also app brief doctors claim right generally hasten patients imminent deaths help patients made personal decisions regarding bodies medical care fundamentally future course lives brief respondents concluded responsibly substantial justification brief anguished remainders lives lost virtually value respondents fully embrace notion state must free impose reasonable regulations physician assistance ensure patients assist indeed among competent terminally ill made free informed choice seeking obtain use fatal drug complaint app response state argues interest asserted doctors beyond constitutional recognition deep roots history traditions brief petitioners even aside without disputing patients competent terminally ill state insists recognizing legitimacy doctors assistance patients contemplated entail number adverse consequences washington legislature entitled forestall nub part state argument patients constitutionally undeserving relief account attempt confine right physician assistance circumstances presented doctors likely fail first state argues right confined terminally ill even assuming fixed definition term state observes notalways possible say certainty long person may live asserts principled basis right limited prescription medication terminally ill patients administer right justifying principle broad merciful termination suffering citing kamisar laws assisted suicide unconstitutional hastings center report may june second state argues right confined mentally competent observing person competence always assessed certainty brief petitioners suggesting principled distinction possible competent patient acting independently patient acting duly appointed competent surrogate next according state right might entail right least merge practice forms life ending assistance euthanasia finally state believes right physician assistance easily distinguished right assistance others friends family health care workers state thus argues recognition substantive due process right issue jeopardize lives others outside class defined doctors claim creating risks irresponsible suicides euthanasia whose dangers concededly within state authority address physicians claim washington law deprives right falling within scope liberty fourteenth amendment guarantees denial without due process law notclaiming sort procedural defect process statute enacted administered claim rather state substantively adequate justification barring assistance sought patient sought offered physician thus dealing claim one rights sometimes described rights substantive due process sometimes unenumerated rights view breadth indeterminacy due process serving claim textual basis doctors accordingly arouse skepticism find due process clause unduly vague oxymoronic warrant judicial review substantive state law also invoke two centuries american constitutional practice recognizing unenumerated substantive limits governmental action although practice neither rested single textual basis expressed consistent theory poe ullman much articulated one brief overview history instructive two counts persistence substantive due process cases points legitimacy modern justification judicial review found justice harlan dissent poe dwell acknowledged failures cases point caution difficulty raised present claim ratification fourteenth amendment substantive constitutional review resting theory unenumerated rights occurred largely state courts applying state constitutions commonly contained either due process clauses like fifth amendment later fourteenth textual antecedents clauses repeating magna carta guarantee law land basis clauses general principles untethered specific constitutional language state courts evaluated constitutionality wide range statutes thus connecticut approved statute legitimating class previous illegitimate marriages falling within terms social compact making clear power review constitutionality terms goshen stonington period specialized equity created tennessee statute solely hear cases brought state bank debtors found authorization unconstitutional partial legislation violating state constitution law land clause bank state cooper yerg green peck kennedy middle century brought famous wynehamer case invalidating statute purporting render possession liquor immediately illegal except kept narrow specified purposes state finding statute inconsistent state due process clause wynehamer people statute deemed excessive threat fundamental rights citizen property comstock see generally corwin liberty government discussing substantive due process state courts civil war cooley constitutional limitations even early period however anticipated developments presage civil war ratification fourteenth amendment making clear several occasions doubt judiciary power strike legislation conflicted important unenumerated principles american government instances declaring power invalidate might find inconsistent rights liberty property nevertheless went uphold legislative acts review see wilkinson leland pet calder bull dall opinion chase see also corfield coryell cas fletcher peck cranch went struck act georgia legislature purported rescind sale public land ab initio reclaim title state deprive subsequent good faith purchasers property conveyed original grantees rested invalidation alternative sources authority specific prohibitions bills attainder ex laws laws impairing contracts article constitution general principles common free institutions chief justice marshall meant simple deprivation property state anauthentically legislative act fletcher cranch fletcher though telling early example review salient instance adoption fourteenth amendment course case amendment due course overturn dred scott sandford unlike fletcher dred scott textually based due process clause fifth amendment applicable national government reliance clause protection property invalidated missouri compromise substantive protection owner property slave taken territories traced absence enumerated power affect property granted congress article constitution implication government legitimate interest support earlier congressional compromise ensuing judgment history needs recounting ratification fourteenth amendment guarantee due process protection interpretation words liberty property used due process clauses became sustained enterprise generally describing due process criterion converse terms reasonableness arbitrariness standard fairly traceable justice bradley dissent slaughter house cases wall said person right choose calling element liberty calling chosen aspect property declared liberty property protected due process truly recognized rights may arbitrarily assailed opinionscomparable preceded dred scott expressed willingness review legislative action consistency due process clause even upheld laws question see bartemeyer iowa wall munn illinois railroad cases mugler kansas see generally corwin liberty government surveying early fourteenth amendment cases finding little dissent general principle due process clause authorized judicial review substantive statutes theory became serious however beginning allgeyer louisiana invalidated louisiana statute excessive interference fourteenth amendment liberty contract offered substantive interpretation liberty aftermath called lochner era scaled back respects expanded others never repudiated principle said fourteenth amendment liberty includes right citizen freein enjoyment faculties free use lawful ways live work earn livelihood lawful calling pursue livelihood avocation purpose enter contracts may proper necessary essential carrying successful conclusion purposes mentioned intend hold case state exercise police power added hen far power may legitimately exercised regard subjects must left determination case arises although principle unobjectionable followed season realm economic legislation echo dred scott allgeyer succeeded within decade lochner new york era case gave name famous striking arbitrary various sorts economic regulations deal courts uniformly thought constitutionally sound compare finding new york maximum hours law bakers unreasonable entirely arbitrary adkins children hospital holding minimum wage law clearly product naked arbitrary exercise power allowed stand constitution west coast hotel parrish overruling adkins approving minimum wage law principle regulation reasonable relation subject adopted interests community due process parentheticals suggest cases lochner line routinely invoked correct standard constitutional arbitrariness review harbored spirit dred scott absolutist implementation standard espoused even deviant economic due process caseshad repudiated however durable precursors modern substantive due process reaffirming obligation conduct arbitrariness review beginning meyer nebraska without referring specific guarantee bill rights invoked precedents slaughter house cases adkins declare fourteenth amendment protected right individual contract engage common occupations life acquire useful knowledge marry establish home bring children worship god according dictates conscience generally enjoy privileges long recognized common law essential orderly pursuit happiness free men held fourteenth amendment liberty included teacher right teach rights parents direct children education without unreasonable interference result nebraska prohibition teaching foreign languages lower grades arbitrary without reasonable relation end within competency state see also pierce society sisters finding statute outlawed private schools lacked reasonable relation purpose within competency state palko connecticut even field substantive rights duties legislative judgment oppressive arbitrary may overridden courts injury statute subjected appellant hardship acute shocking polity endure violate fundamental principles liberty justice lie base civil political institutions citation internal quotation marks omitted meyer pierce two opinions took major steps lead modern law first even due process case one equal protection skinner oklahoma ex rel williamson emphasized fundamental nature individual choice procreation foreshadowed later prominence procreation subject liberty protection corresponding standard strict scrutiny fourteenth amendment law see skinner added decisions regarding procreation list liberties recognized meyer pierce loosely suggested gloss standard arbitrariness judicial obligation scrutinize impingement important interest heightened care suggested point justice harlan develop kind degree justification sensitive judge demand state depend importance interest asserted individual poe second major opinion leading modern doctrine justice harlan poe dissent cited conclusion adopted griswold connecticut authority acknowledged planned parenthood southeastern casey see also supra dissent important three things point responsibilities today first justice harlan respect tradition substantive due process review acknowledgement judiciary obligation carry two centuries american courts much time thought necessary provide degree review substantive content legislation constitutional standards textual breadth obligation understood dred scott continued repudiation lochner progeny notablyon subjects segregation public education bolling sharpe interracial marriage loving virginia marital privacy contraception carey population services griswold connecticut supra abortion planned parenthood southeastern casey joint opinion kennedy souter jj roe wade personal control medical treatment cruzan director mo dept health concurring brennan dissenting stevens dissenting see also majority opinion physical confinement foucha louisiana enduring tradition american constitutional practice justice harlan view nothing required judicial authority obligation construe constitutional text review legislation conformity text see marbury madison cranch like many judges preceded many followed found impossible construe text due process without recognizing substantive merely procedural limitations due process merely procedural safeguard fail reach situations deprivation life liberty property accomplished legislation operating future given even fairest possible procedure application individuals nevertheless destroy enjoyment three poe thetext due process clause thus imposes nothing less obligation give substantive content words liberty due process law following first point poe dissent necessity engage sort examination conduct today dissent second third implicitly address cases already noted condemned virtual unanimity disastrous mistakes substantive due process review second dissent lessons reminder business review identification extratextual absolutes scrutiny legislative resolution perhaps unconscious clashing principles quite possibly worthy weighed within history values people comparison relative strengths opposing claims informs judicial task deduction first premise thus informed judicial review still warrant substitute one reasonable resolution contending positions another authority supplant balance already struck contenders falls outside realm reasonable part iii deals second point also dissent third takes form object lesson explicit attention detail less essential intellectual discipline substantive due process review understanding basic need account twosides controversy respect legislation within zone reasonableness understanding unenumerated rights wake poe dissent subsequent cases avoids absolutist failing many older cases without embracing opposite pole equating reasonableness past practice described specific level see planned parenthood southeastern casey understanding begins concept ordered liberty poe harlan see also griswold comprising continuum rights free arbitrary impositions purposeless restraints poe harlan dissenting due process reduced formula content determined reference code best said course decisions represented balance nation built upon postulates respect liberty individual struck liberty demands organized society supplying content constitutional concept necessity rational process certainly one judges felt free roam unguided speculation might take balance speak balance struck country regard history teaches traditions developed well traditions broke tradition living thing decision radically departs long survive decision builds survived likely sound formula serve substitute area judgment restraint poe dissent enforceable concept liberty bar statutory impositions even relatively trivial levels governmental restraints undeniably irrational unsupported imaginable rationale see carolene products economic legislation unconstitutional unless facts preclude assumption rests upon rational basis see also poe harlan dissenting referring usual presumption constitutionality ordinary test going merely plausibility statute underlying rationale instances suitably rare claims arbitrariness mark almost instances unenumerated substantive rights resting certain interests requir ing particularly careful scrutiny state needs asserted justify abridgment cf skinner oklahoma ex rel williamson bolling sharpe interests liberty sufficiently important judged fundamental see also citing corfield coryell cc ed face interest powerful state may rest threshold rationality presumption constitutionality may prevail ground interest sufficiently compelling place within realm reasonable refusal recognize individual right asserted poe supra harlan dissenting enactment involv ing fundamental aspect liberty subjec strict scrutiny quoting skinner oklahoma ex rel williamson reno flores reaffirming due process forbids government infringe certain fundamental liberty interests unless infringement narrowly tailored serve compelling state interest approach calls assess relative weights dignities contending interests extent judicial method familiar common law common law method subject however two important constraints hands engaged substantive due process review first bound confine values recognizes truly deserving constitutional stature either expressed constitutional text exemplified traditions nation developed revealed contrast traditions broke poe harlan dissenting may draw merely personal private notions disregard limits derived considerations fused whole nature judicial process considerations deeply rooted reason compelling traditions legal profession quoting rochin california see also palko connecticut looking principle justice rooted traditions conscience people ranked fundamental quoting snyder massachusetts second constraint simply reflects fact constitutional review judicial lawmaking business weighing valuing contending interests sphere first step forming basis determining whether statute question falls inside outside zone reasonable way resolves conflict interests state individual see poe supra harlan dissenting youngberg romeo justification judicial intervention merely identify reasonable resolution contending values differs terms legislation review legislation justifying principle critically valued far commensurate individual interest arbitrarily pointlessly applied statute must give way standard points statute individual claimant said constitutional right see cruzan director mo dept health etermining person liberty interest due process clause end inquiry whether individual constitutional rights havebeen violated must determined balancing liberty interests relevant state interests quoting youngberg romeo supra poe dissent thus reminds us nature review reasonableness arbitrariness limitations entailed opinion cautions repetition past error another way well example particular statement constitutional method reminds us process substantive review reasoned judgment poe one close criticism going details opposing interests relationships historically recognized principles lend weight value although poe dissent disclaims possibility general formula due process analysis beyond basic analytic structure described see justice harlan course assumed adjudication due process clauses like instance judgment dependent common law method less persuasive according usual canons critical discourse see also casey inescapable fact adjudication substantive due process claims may call upon interpreting constitution exercise capacity tradition courts always exercised reasoned judgment identifying assessing competing interests liberty authority example breadth expression litigant judge selects stating competing principles much outcome may dispositive process rational argumentation recognize generally accepted principle challenged broader attack less likely succeed principle defenders indeed often try characterize challenge broadside perhaps couching defense broadside attack occurred dred scott treated prohibition slavery territories nothing less general assault concept property see dred scott sandford results substantive due process cases tied selections statements competing interests acceptability results function good reasons selections made value common law method becomes apparent usual thinking common law suspicious nothing analysis tends produce legal petrification instead evolving boundary domains old principles common law method tends pay respect instead detail seeking understand old principles afresh new examples new counterexamples tradition living thing poe harlan dissenting albeit one moves moderate steps carefully taken decision apparently novel claim must depend groundswhich follow closely well accepted principles criteria new decision must take place relation went cut channel come harlan dissenting internal quotation marks omitted exact analysis characterization due process claim critical method result poe justice harlan viewed essential plaintiffs claimed right use contraceptives sought within privacy marital bedroom detail fact served two crucial complementary functions provides lesson today rescued individuals claim breadth threatened state regulation contraception intimate relations extramarital intimacy matter privately practiced outside scope right justice harlan recognized case see moreover restriction allowed interest valued aspect broader liberty free unreasonable intrusions privacy home family life within liberty exemplified constitutional provisions third fourth amendments prior decisions involving unreasonable intrusions home family life prevailing status marriage sole lawful locus intimate relations individuals interest therefore atits peak poe supported principle distinguished force areas government traditionally regulated sexual relations outside marriage private marital intimacies thus broad enough cover claim hand without broad shot exceptions side balance state interest poe fairly characterized simply preserving sexual morality regulating contraceptive devices earlier cases went astray speaking without nuance individual interests property autonomy contract labor state asserted interest poe immune distinctions turning least potentially precise purpose pursued collateral consequences means chosen see assumed state might legitimately enforce limits use contraceptives laws regulating divorce annulment even tax policy necessarily justified criminalizing practice marital bedroom entail consequence authorizing state enquiry intimate relations married couple chose close door see also casey strength state interest potential life varies depending precise context character regulation pursuing interest insistence exactitude lies behind questions current terminology proper level generality analyze claims counter claims demand fitness proper tailoring restrictive statute another way testing legitimacy generality government sets justification may therefore classify justice harlan example proper analysis ways applying concepts normal critical reasoning pointing need attend levels generality countervailing interests stated examining concrete application principles fitness ostensible justifications whatever categories place dissent example stands marked contrast earlier cases whose reasoning marked comparatively less discrimination points importance evaluating claims parties us comparable detail faced individual claim right part anyone help anyone else commit suicide circumstances right narrow class help others also narrow class set limited circumstances claimants met state assertion among others rights suchnarrow scope recognized without jeopardy individuals state may concededly protect regulations respondents claim patient facing imminent death anticipates physical suffering indignity capable responsible voluntary choice right physician assistance providing counsel drugs administered patient end life promptly complaint accordingly claim physician must corresponding right provide aid contrary provisions rev code understand argument rest assumption rights either suicide assistance committing historically based respondents rather acknowledge prohibition historically rely fact substantial extent state repudiated history result respondents say open door claims patient accorded one options open different traditionally cognizable claims autonomy deciding bodies minds treated seek option obtain services physician give benefit advice medical help said enjoy tradition strong devoid specifically countervailing state concern denial physician help circumstances arbitrary physicians generally free advise aid exercise rights bodily autonomy dominant western legal codes long condemned suicide treated either attempt successfulaccomplishment crime one subjecting individual penalties penalizing survivors designating suicide property forfeited government see blackstone commentaries commenting english law considered suicide ranked among highest crimes deemed persuading another commit suicide murder see generally marzen crone balch suicide constitutional right duquense rev suicide generally considered punishable crime largely common law punishment forfeiture rejected improperly penalizing innocent family see consistently punished act assisting suicide either common law statutory crime continue view suicide unpunishable crime see generally criminal prohibitions assistance remain widespread exemplified washington statute question principal significance history state washington according respondents lies repudiation old tradition extent eliminating criminal suicide prohibitions respondents argue state decision goes imply state repudiated legitimate claim discourage suicide limit encouragement reasons decriminalization may difficulties law enforcement shift value ascribed life various circumstances perceived legitimacy taking one see kamisar physician assisted suicide last bridge active voluntary euthanasia euthanasia examined keown ed celocruz aid dying decriminalizephysician assisted suicide physician committed euthanasia med marzen crone balch duquesne rev supra thus may indeed make sense state take hands suicide continuing prohibit sort assistance make commission easier see american law institute model penal code comment decriminalization imply existence constitutional liberty interest suicide simply opens door assertion cognizable liberty interest bodily integrity associated medical care otherwise inapposite long suicide well assisting suicide criminal offense liberty interest bodily integrity phrased general way judge cardozo said human adult years sound mind right determine shall done body relation medical needs schloendorff society new york hospital familiar examples right derive common law battery include right free medical invasions body cruzan director mo dept health well right generally resist enforced medication see washington harper thus settled constitution places limits state right interfere person basic decisions bodily integrity casey citations omitted see also cruzan concurring washington harper supra winston lee rochin california constitutional recognition right bodily integrity underlies assumed right good state torequire physicians terminate artificial life support cruzan supra assume constitution grant competent person constitutionally protected right refuse lifesaving hydration nutrition affirmative right obtain medical intervention cause abortion see casey supra cf roe wade indeed abortion cases telling recognitions importance bodily integrity concomitant tradition medical assistance occurred roe wade plaintiff contended texas statute making criminal person procure abortion pregnant woman unconstitutional insofar prevented terminat ing pregnancy abortion performed competent licensed physician safe clinical conditions striking statute stressed importance relationship patient physician see analogies abortion cases one several even though state legitimate interest discouraging abortion see casey joint opinion kennedy souter jj roe recognized woman right physician counsel care like decision commit suicide decision abort potential life made irresponsibly influence others yet held abortion cases physicians fit assistants without physician assistance abortion woman right often amounted nothing right self mutilation without physician assist suicide dying patient right often confined crude methods causing death shocking painful decedent survivors finally one reason claiming physician assistance fall within accepted tradition medical care society abortion cases obvious illustration point held performance abortion procedures restricted physicians opinion roe recognized doctors role yet another way course holding decision perform abortion called physician assistance recognized good physician mechanic human body whose services bearing person moral choices one treat symptoms one ministers patient see see also griswold connecticut law operates directly intimate relation husband wife physician role one aspect relation see generally cabot ether day address boston medical surgical idea physician serving whole person source high value traditionally placed medical relationship value surely apparent abortion cases decision abortion directed correcting pathology decision dying patient seeks help limited patients sought end pain might although perhaps price stupor end short remaining lives dignity believed denied powerful pain medication well consciousness dependency helplessness approached death period end imminent said decision end life closest decisions generally accepted proper instances exercising autonomy one body instances recognized constitution state law instances help physicians accepted falling within traditional norm respondents argue state fact already recognized enough evolving examples tradition patient care demonstrate strength claim washington like authorizes physicians withdraw life sustaining medical treatment artificially delivered food water patients request even though actions hasten death see rev code see generally notes uniform rights terminally ill act supp listing state statutes state permits physicians alleviate anxiety discomfort withdrawing artificial life supporting devices administering medication hasten death even generally permits physicians administer medication patients terminal conditions primary intent alleviate pain even medication powerful hasten death patient chooses receive understanding see rev code see generally rousseau terminal sedation care dying patients archives internal medicine truog berde mitchell grier barbiturates care terminally ill new eng med argument supporting respondents position thus progresses three steps increasing forcefulness first emphasizes decriminalization suicide reliance fact sanctioned standard looks tradition retained society occasional choices reject traditions legal past see poe ullman harlan dissenting common law prohibited suicide aiding suicide prohibition aiding largely justified primary prohibition self inflicted death see american law institute model penal code comment pp state rejection traditional treatment one leaves criminality open questioning previously appropriate second step argument emphasize state act decriminalization gives freedom choice much like individual option recognized instances bodily autonomy one abortion legal right choose spite interest state may legitimately invoke discouraging practice suicide subject choice despite state interest discouraging third step emphasize respondents claim right assistance basis broad principle subject exceptions continuing interest state discouraging suicide recognized respondents base claim traditional right medical care counsel subject limiting conditions informed responsible choice death imminent conditions support strong analogy rights care situations medical counsel assistance available matter course stronger claim physician assistance time death imminent moral judgment implied state recognition legitimacy medical procedures necessarily hastening moment impending death judgment importance individual interest within class certain interests demanding careful scrutiny state contrary claim see poe supra gainsaid whether interest might circumstances time seen fundamental degree entitled prevail however conclusion need draw satisfied state interests described following section sufficiently serious defeat present claim law arbitrary purposeless state put forward several interests justify washington law applied physicians treating terminally ill patients even competent make responsible choices protecting life generally brief petitioners discouraging suicide even knowing voluntary protecting terminally ill patients involuntary suicide euthanasia voluntary nonvoluntary necessary discuss exact strengths first two claims justification present circumstances third dispositive third justification different first two addresses specific features respondents claim opposes claim moral judgment contrary respondents recognized state interest inthe protection nonresponsible individuals stand relation either death physicians patients respondents describe state claims interests protecting patients mistakenly involuntarily deciding end lives guarding voluntary involuntary euthanasia leaving aside difficulties coming clear concept imminent death mistaken decisions may result inadequate palliative care terminal prognosis turns error coercion abuse may stem large medical bills family members bear unreimbursed hospitals decline shoulder voluntary involuntary euthanasia may result doctors authorized prescribe lethal medication first instance might find pointless distinguish patients administer fatal drugs wish compassion suffer may obscure distinction ask death may unable request argument progression occur obscuring line ill dying responsible unduly influenced ultimately doctors perhaps others abuse limited freedom aid suicides yielding impulse end another suffering conditions going beyond narrow limits respondents propose state thus argues essentially respondents claim narrow sounds simply recognition interest assert limited vindicating interests affecting others state says claim practical effect entail consequences state without doubt legitimately act prevent mere assertion terminally sick might pressured suicide decisions close friends family members alone telling ofcourse possible costs care might family members bear simply might naturally wish see end suffering someone love one points restricting right assistance physicians condition right exercise judgment someone qualified assess patient responsible capacity detect influence outside medical relationship state however goes argue dependence vigilance physicians enough first lines proposed particularly requirement knowing voluntary decision patient difficult draw lines limited recently recognized due process rights limiting state prosecuting use artificial contraceptives married couples posed practical threat state capacity regulate contraceptives ways assumed time poe legitimate trimester measurements roe viability determination casey easy make real degree certainty knowing responsible mind harder assess second thisdifficulty become greater combining another fact within realm plausibility physicians simply assiduous preserve line compassion willing assist suicide might susceptible wishes patient whether patient technically quite responsible physicians hospitals financial incentives new age managed care whether acting compassion influence physician provide drug patient administer might well go step administering drug barrier assisted suicide euthanasia become porous line voluntary involuntary euthanasia well case slippery slope fairly made recognizing one due process right leave principled basis avoid recognizing another plausible case right claimed readily containable reference facts mind matters difficult judgment gatekeepers subject temptation noble respondents propose answer answer state regulation teeth legislation proposed inseveral example authorize physician assisted suicide require two qualified physicians confirm patient diagnosis prognosis competence mandate patient make repeated requests witnessed least two others specified time span impose reporting requirements criminal penalties various acts coercion see app brief state legislators amici curiae least moment reasons caution predicting effectiveness teeth proposed respondents proposals turns sound much like guidelines place netherlands place experience physician assisted suicide euthanasia yielded empirical evidence regulations might affect actual practice dutch physicians must engage consultation proceeding must decide whether patient decision voluntary well considered stable whether request die enduring made whether patient future involve unacceptable suffering see gomez regulating death however substantial dispute today dutch experience shows commentators marshall evidence dutch guidelines practice failed protect patients involuntary euthanasia violated impunity see hendin seduced death noting many cases decisions intended end life fully competent patient made without request patient without consulting patient keown euthanasia netherlands sliding slippery slope euthanasia examined keown ed guidelines proved signally ineffectual non voluntary euthanasia widely practised increasingly condoned netherlands gomez supra evidence contested see epstein mortal peril dutch physicians euthanasia enthusiasts slow practice individual cases posner aging old age noting fear doctors rushing patients death netherlands substantiated appear realistic van der wal van eijk leenen spreeuwenberg euthanasia assisted suicide dutch family doctors act prudently family practice finding serious abuse dutch practice day may come say assurance side right substantiality factual disagreement alternatives resolving matter dispositive due process claim time take basic concept judicial review possible displacement legislative judgment bars finding legislature acted arbitrarily following conditions met serious factual controversy feasibility recognizing claimed right without time making impossible state engage undoubtedly legitimate exercise power facts necessary resolve controversy readily ascertainable judicial process readily subject discovery legislative factfinding experimentation assumed case must state interest protecting unable make responsible decisions make decisions entitles state bar aid knowing responsible person intending suicide prohibit euthanasia far state act interest judgments state legitimacy action deny physician option aid knowing responsible beyond question capacity state protect others respondents prevail however subject genuine question underscored responsible disagreement basic facts dutch experience factual controversy open judicial resolution substantial degree assurance time course controversy factual predicate due process claim disqualifies resolving courts recognize captiousness factual issues settled trial point however factual issue heart case appear one principal enquiry moment dutch experience question whether independent front line investigation facts foreign country legal administration soundly undertaken american courtroom litigation extensive literature subject raise hopes judicial understanding literature subject nascent since little experience directly bearing issue said whichever way might rule today events overtake assumptions experimentation jurisdictions confirmed discredited concerns progression assisted suicide euthanasia legislatures hand superior opportunities obtain facts necessary judgment present controversy flexible mechanisms factfinding judiciary mechanisms include power experiment moving forward pulling back facts emerge within jurisdictions indeed good reason suppose absence judgment respondents experimentation attempted see rev stat ann et seq supp app tobrief state legislators amici curiae listing proposed statutes decide significance might legislative foot dragging ascertaining facts going state argument right question confined claimed sometimes may bound act regardless institutional preferability political branches forums addressing constitutional claims see bolling sharpe enough say examination legislative reasonableness consider fact legislature state washington obviously fault uncertain happen respondents prevailed today therefore clear question institution legislature relatively competent deal emerging issue facts currently unknown dispositive answer reasons already stated legislative process preferred closely related reason well one must bear mind nature right claimed recognized one constitutionally required differ essential way constitutional rights guaranteed enumeration derived definite textual source due process unenumerated right therefore recognized effect displacing legislative ordering things without assurance recognition prove durable recognition rights differently derived recognize right lesser promise simply create constitutional regime uncertain bring expectation finality one central obligations making constitutional decisions see casey legislatures however constrained experimentation question constitutional adjudication displacing legislative judgments entirely proper well highly desirable legislative power addresses emerging issue like assisted suicide accordingly stay hand allow reasonable legislative consideration decide time respondents claim recognized acknowledge legislative institutional competence better one deal claim time footnotes act apr laws every person deliberately assisting another commission self murder shall deemed guilty manslaughter see also act laws act laws criminal code ch laws washington natural death act adult persons fundamental right control decisions relating rendering health care including decision life sustaining treatment withheld withdrawn instances terminal condition permanent unconscious condition rev code washington ny adult person may execute directive directing withholding withdrawal life sustaining treatment terminal condition permanent unconscious condition physician accordance directive participates withholding withdrawal life sustaining treatment immune civil criminal professional liability glucksberg declaration app halperin declaration preston declaration shalit declaration john doe jane roe james poe plaintiffs district terminal phases serious painful illnesses declared mentally competent desired assistance ending lives declaration jane roe declaration john doe declaration james poe compassion dying district determined casey undue burden standard joint opinion standard salerno requiring showing set circumstances exists law valid governed plaintiffs facial challenge assisted suicide ban although justice stevens observes post opinion concurring judgment analysis eventual holding statute unconstitutional limited particular set plaintiffs note eclaring statute unconstitutional applied members group atypical uncommon emphasized deciding facial validity washington statute nn therefore holding washington physician assisted suicide statute unconstitutional applied class terminally ill mentally competent patients post stevens concurring judgment us today appeals note however equal protection argument relied district insubstantial sharply criticized opinion separate case pending ninth circuit lee oregon supp oregon death dignity act permits physician assisted suicide violates equal protection clause provide adequate safeguards abuse vacated lee oregon concluding plaintiffs lacked article iii standing lee course us appeals offer opinion validity lee courts reasoning vacco quill post however decided today hold new york assisted suicide ban violate equal protection clause see compassion dying washington nn beezer dissenting total forty four district columbia two territories prohibit condemn assisted suicide citing statutes cases rodriguez british columbia attorney general blanket prohibition assisted suicide norm among western democracies discussing assisted suicide provisions austria spain italy kingdom netherlands denmark switzerland france since ninth circuit decision louisiana rhode island iowa enacted statutory assisted suicide bans la rev stat ann supp laws supp iowa code ann supp detailed history statutes see marzen crone balch suicide constitutional right duquesne rev appendix hereinafter marzen common law thought emerged expansion institutions sometime century baker introduction english legal history ed england adopted ecclesiastical prohibition suicide five centuries earlier year council hereford prohibition reaffirmed king edgar see williams sanctity life criminal law marzen late medieval treatise writers followed restated bracton one observed man slaughter may one self case people hang hurt otherwise kill felony others beating famine punishment like cases man slayers horne mirrour justices ch pp robinson ed mid century common bench observe suicide offence nature god king destroy one self contrary nature thing horrible hales petit plowd com eng sir edward coke published third institute lodestar later common lawyers see plucknett concise history common law ed coke regarded suicide category murder agreed bracton goods chattels coke lands sane suicide forfeit coke institutes william hawkins treatise pleas crown followed coke observing laws always abhorrence crime hawkins pleas crown ch leach ed california legislature adopted english common law assisting suicide course crime act apr ch cal stats provision adopted person deliberately aids advises encourages another commit suicide guilty felony act mar ch codified cal penal code hittel ed person purposely aids solicits another commit suicide guilty felony second degree conduct causes suicide attempted suicide otherwise misdemeanor american law institute model penal code official draft revised comments initiative amended washington natural death act rev code et seq permit aid dying defined aid form medical service provided person physician end life conscious mentally competent qualified patient dignified painless humane manner requested voluntarily patient written directive accordance chapter time medical service provided app pet cert rev stat et seq lee oregon oregon act provide sufficient safeguards terminally ill persons therefore violates equal protection clause vacated lee oregon see alaska cal md md mass miss neb neb senate canada life death report special senate committee euthanasia assisted suicide june describing unsuccessful proposals legalize assisted suicide countries embroiled similar debates canada recently rejected claim canadian charter rights freedoms establishes fundamental right assisted suicide rodriguez british columbia attorney general british house lords select committee medical ethics refused recommend change great britain assisted suicide prohibition house lords session report select committee medical ethics issues law med identify circumstances assisted suicide permitted new zealand parliament rejected proposed death dignity bill legalized physician assisted suicide inaugust graeme mps throw euthanasia bill dominion wellington northern territory australia legalized assisted suicide voluntary euthanasia see shenon australian doctors get right assist suicide times july february three persons ended lives physician assistance northern territory mydans assisted suicide australia faces grim reality times febr march however australian senate voted overturn northern territory law thornhill australia repeals euthanasia law washington post march see euthanasia laws act hand may colombia constitutional legalized voluntary euthanasia terminally ill people sentencia corte constitucional mayo see colombia top legalizes euthanasia orlando sentinel may justice souter opinion justice harlan poe dissent supplies modern justification substantive due process review post souter concurring judgment although justice harlan opinion often cited due process cases never abandoned fundamental rights based analytical method four terms ago six justices sitting joined opinion reno flores poe even cited cruzan neither concurring opinions relied poe rather concluded right refuse unwanted medical treatment rooted history tradition practice require special protection fourteenth amendment cruzan director mo dept health concurring true relied justice harlan dissent casey flores demonstrates jettison established approach indeed read radical move opinion casey seem fly face opinion emphasis stare decisis see quill vacco right toassisted suicide finds cognizable basis constitution language design compassion dying washington referring alleged right suicide right assistance suicide right aid killing oneself people kevorkian question must decide whether onstitution encompasses right commit suicide whether includes right assistance see moore east cleveland constitution protects sanctity family precisely institution family deeply rooted nation history tradition emphasis added griswold connecticut intrusions sacred precincts marital bedrooms offend rights older bill rights goldberg concurring law question disrupt ed traditional relation family relation old fundamental entire civilization loving virginia freedom marry long recognized one vital personal rights essential orderly pursuit happiness turner safley decision marry fundamental right roe wade stating founding throughout century woman enjoyed substantially broader right terminate pregnancy skinner oklahoma ex rel williamson marriage procreation fundamental pierce society sisters meyer nebraska liberty includes privileges long recognized common law essential orderly pursuit happiness free men identified discussed six state interests preserving life preventing suicide avoiding involvement third parties use arbitrary unfair undue influence protecting family members loved ones protecting integrity medical profession avoiding future movement toward euthanasia abuses respondents also admit existence interests brief respondents contend washington better promote protect regulation rather prohibition physician assisted suicide inquiry however limited question whether state prohibition rationally related legitimate state interests express commitment means well early expressly disapprove suicide assisted suicide either statutes dealing durable powers attorney health care situations living statutes addition provide involuntary commitment persons may harm result mental illness number allow use nondeadly force thwart suicide attempts people kevorkian nn nn justice souter concludes case slippery slope fairly made recognizing one due process right leave principled basis avoid recognizing another plausible case right claimed readily containable reference facts mind matters difficult judgment gatekeepers subject temptation noble post opinion concurring judgment weagree case slippery slope made bearing mind justice cardozo observation tendency principle expand limit logic nature judicial process also recognize reasonableness widely expressed skepticism lack principled basis confining right see brief amicus curiae legislature abandons categorical prohibition physician assisted suicide obvious stopping point brief dead yet et al amici curiae brief bioethics professors amici curiae report council ethical judicial affairs app assisted suicide permitted strong argument allowing euthanasia new york task force kamisar right die drawing erasing lines duquesne rev kamisar assisted suicide even limited form det mercy rev justice stevens conceive respondents claim facial challenge addressing application statute particular set plaintiffs constitutionality statute categorical prohibition post opinion concurring judgment emphasize today reject appeals specific holding statute unconstitutional applied particular class see supra justice stevens agrees holding see post foreclose possibility individual plaintiff seeking hasten death doctor whose assistance sought prevail particularized challenge ibid opinion absolutely foreclose claim however given holding due process clause fourteenth amendment provide heightened protection asserted liberty interest ending one life physician assistance claim quite different ones advanced respondents justice ginsburg concurs judgments substantially reasons stated opinion justice breyer joins opinion except insofar joins opinions gregg georgia proffitt florida jurek texas see godfrey georgia enmund florida penry lynaugh see ante actually applied salerno standard action taken paragraphs identify situations washington statute validly enforced salerno needed look whether statute constitutionally applied arrestees analysis superfluous see dorf facial challenges state federal statutes stan rev arguing salerno standard taken literally litigant succeed facial challenge unless also succeeded applied challenge cases contexts imposed significantly lesser burden challenger lenient standard applied requires challenger establishthat invalid applications statute must real substantial well judged relation statute plainly legitimate sweep broadrick oklahoma opinion demonstrates washington statute prohibiting assisted suicide plainly legitimate sweep demonstration provides sufficient justification rejecting respondents facial challenge mean every application statute upheld casts eye sun rises takes eye comet breaks bends ear bell upon occasion rings remove bell passing piece world man island entire every man piece continent part main clod washed away sea europe less well promontory well manor thy friend thine man death diminishes involved mankind therefore never send know belltolls tolls thee donne meditation devotions upon emergent occasions raspa ed see either bill rights laws sovereign create liberty due process clause protects relevant constitutional provisions limitations power sovereign infringe liberty citizen relevant state laws either create property rights curtail freedom citizen must live ordered society course law essential exercise enjoyment individual liberty complex society source liberty surely exclusive source thought self evident men endowed creator liberty one cardinal unalienable rights basic freedom due process clause protects rather particular rights privileges conferred specific laws regulations meachum fano stevens dissenting nancy cruzan interest life less person includes interest thought death whose opinions mattered doubt life made dear family others dies affect life remembered cruzan director mo dept health stevens dissenting us interest kind memories survive death end individual decisions often motivated impact others member kind family identified trial findings case likely normal interest minimizing burden illness imposes others also interest memories filled predominantly thoughts past vitality rather current condition note evidence significant number physicians support practice hastening death particular situations survey published new england journal medicine found responding doctors michigan preferred legalizing assisted suicide explicit ban bachman et attitudes michigan physicians public toward legalizing physician assisted suicide voluntary euthanasia new england med survey oregon doctors responding doctors supported legalizing assisted suicide terminally ill patients see lee et legalizing assisted suicide views physicians oregon new england med another study showed physicians polled washington state reported asked terminally ill patients prescriptions hasten death year prior study physicians complied requests see back wallace starks perlman physician assisted suicide euthanasia washington state jama see also doukas waterhouse gorenflo seld attitudes behaviors physician assisted death study michigan oncologists clinical oncology reporting responding michigan oncologists reported active participation assisted suicide slome moulton huffine gorter abrams physicians attitudes toward assisted suicide aids acquired immune deficiency syndromes reporting responding physicians treat aids patients likely grant patient request assistance hastening death see vacco quill ante nn american medical association recognized distinction supported nancy cruzan continues recognize distinction support cases doctor prescribes lethal drugs self administered patient clear physician intent thatthe patient made dead ante internal quotation marks omitted many patients prescribed lethal medications never actually take merely acquire sense control process dying availability medications provides see back supra see also quill new england describing patients fear death less feel option physician assisted suicide nonprofit corporation known compassion dying also plaintiff appellee party indicate detail see challenge statute facial applied understand narrower terms accepted doctors also rely equal protection clause thatsource law essentially nothing case like due process clause status harlan dissent poe ullman shown adoption result griswold connecticut acknowledgment status adoption reasoning planned parenthood southeastern casey see also youngberg romeo citing justice harlan poe dissent authority requirement balance liberty individual demands organized society roberts jaycees moore east cleveland plurality opinion opinion four justices treating justice harlan poe dissent central explication methodology judicial review due process clause coke indicates prohibitions deprivations without due process law originated english statute rendred magna carta law land terms see coke institutes see also corwin liberty government slaughter house cases important course theirholding privileges immunities clause source specific handful substantive rights slaughter house cases degree decision may led look due process clause source substantive rights twining new jersey example lochner era acknowledged strength case slaughter house interpretation privileges immunities clause reaffirmed interpretation without questioning frequent reliance due process clause authorization substantive judicial review see also ely democracy distrust arguing privileges immunities clause due process clause proper warrant courts substantive oversight state legislation courts use due process clauses purpose antedated decision seen time supported poe dissent shall see judge johnson new york appeals made point obliquely century earlier wrote form declaration right person shall deprived life liberty property without due process law necessarily imports legislature make mere existence rightssecured occasion depriving person even forms belong due process law necessarily import legislative power absolute provide trial ascertain whether man enjoyment rights consequence finding enjoyment deprive indirectly forbidden done directly reduces constitutional provision nullity wynehamer people made plain course every law incidentally makes somewhat harder exercise fundamental liberty must justified compelling counterinterest see casey joint opinion kennedy souter jj carey population services individual constitutionally protected liberty make choices regarding contraception automatically invalidate every state regulation area business manufacturing selling contraceptives may regulated ways even infringe protected individual choices state law creates substantial obstacle casey supra exercise fundamental liberty interest requires commensurably substantial justification order place legislation within realm reasonable justice harlan thus recognized today assumes insisting threshold requirement interest puts right fundamental anything rational basis justification required ensures every case require complex balancing heightened scrutiny entails see ante cases used various terms refer fundamental liberty interests see poe harlan dissenting basic liberty quoting skinner oklahoma ex rel williamson poe supra harlan dissenting certain interests must bring particularly careful scrutiny casey protected liberty cruzan director mo dept health constitutionally protected liberty interest youngberg romeo liberty interests times also called interest right even balancing government interest see roe wade carey population services supra poe rights fundamental quoting corfield coryell cc ed precision terminology however favors reserving label right instances individual liberty interest actually trumps government countervailing interests individual anything legally enforceable state attempt regulation thus poe dissent illustrates task determining whether concrete right claimed individual particular case falls within ambit generalized protected liberty requires explicit analysis individual wants arguably characterized belonging different strands legal tradition requiring different degrees constitutional scrutiny see also tribe dorf levels generality definition rights chi rev abortion might conceivably assimilated either tradition regarding freedom general places substantial burden justification state tradition regarding protection fetuses embodied laws criminalizing feticide someone mother generally requires rationality part state selecting among competing characterizations demands reasoned judgment broader principle exemplified concrete privileges prohibitions embodied legal tradition best fits particular claim asserted particular case dual dimensions strength fitness government interest succinctly captured called compelling interest test regulations substantially burden constitutionally protected fundamental liberty may sustained narrowly tailored serve compelling state interest reno flores see also roe wade carey population services compelling interest narrow tailoring must depend course substantiality individual liberty interest also extent burden placed upon see casey opinion kennedy souter jj carey supra washington new york among minority criminalized attempted suicide though neither state still see brief members new york washington state legislatures amicus curiae listing state statutes common law governed new york colony new york constitution recognized common law const art xxxv state legislature recognized common law crimes statute see act ch laws codified laws jones varick new york changed common law offense assisting suicide murder manslaughter first degree see rev stat pt ch tit art new york adopted new penal code making attempted suicide crime punishable two years prison fine retaining criminal prohibition assisting suicide manslaughter first degree act july ch laws penal code pp codified consolidated laws penal law pp new york repealed statutory provision making attempted suicide crime see act may ch laws new york report law revision commission found history ban assisting suicide traceable ancient common law suicide felo de se guilty crime punishable forfeiture goods chattels state new york report law revision commission report stated since new york removed stigma suicide crime ince liability accessory longer hinge upon crime principal necessary define substantive offense new york revised penal law providing person guilty manslaughter second degree intentionally causes aids another person commit suicide penal law ch laws codified penal law mckinney washington first territorial legislature designated assisting another commission self murder manslaughter see act apr laws enacted provision see act laws act laws codified code state legislature enacted law based new york law similar one enacted minnesota see marzen crone balch duquesne making attempted suicide crime punishable two years prison fine retaining criminal prohibition assisting suicide designating manslaughter see criminal code ch laws sess codified remington ballinger code washington legislature repealed provisions see crim code ch laws enacted ban assisting suicide issue case see crim code ch laws codified rev code decriminalization attempted suicide reflected view person compelled attempt punished attempt proved unsuccessful see compassion dying washington supp wd citing legislative council judiciary committee report revised washington criminal code numerous enacted statutes prohibiting assisting asuicide see alaska stat ann rev stat ann west supp ark code ann cal penal code ann west rev stat supp stat del code ann tit stat code ann haw rev stat comp ch ind stat ann supp iowa code ann west supp stat ann rev stat ann michie la rev stat ann west supp rev stat tit comp laws ann west supp stat miss code ann mo stat mont code ann neb rev stat rev stat ann stat ann west stat ann penal law mckinney cent code supp stat tit rev stat cons stat tit purdon laws supp codified laws code ann supp tex penal code ann rev code stat see also law tit enacted similar provisions categorically authorizing pain treatment see ind code ann supp ban assisted suicide apply licensed health care provider administers dispenses medications procedures relieve pain discomfort even medications procedures hasten death unless provider intends cause death iowa code ann west supp rev stat ann michie stat ann west supp ohio rev code ann laws supp codified laws supp see comp laws ann west supp code ann others permit patients signhealth care directives authorize pain treatment even hastens death see rev stat tit stat ann supp code ann supp code ann also difficult assess cases involving limitations life incidental pain medication disconnection artificial life support reasons justify lesser concern punctilio responsibility instances purpose requesting giving medication presumably cause death relieve pain state interest preserving life unequivocally implicated practice importance pain relief clear less likelihood relieving pain run counter responsible patient choose even consequences life expectancy ending artificial life support state may see interest preserving life weaker general case artificial life support preserves life nature life support frequently offensive bodilyintrusion lesser reason fear decision remove choice one fully responsible however physician writes prescription equip patient end life prescription written serve affirmative intent die even though physician need probably characteristically intent patient die patient equipped make decision patient responsibility competence therefore crucial physician presented request said life support shortening life kill pain calculus may viewed different instances noted