| Kevorkian v. Arnett. | |
| | |
MedLine Citation:
|
PMID: 16285108 Owner: NLM Status: Publisher |
Abstract/OtherAbstract:
|
The United States District Court, 11 September 1996, granted the plaintiff's motion for summary judgment on a claim that California's law against assisted suicide violated his federal due process rights and dismissed the plaintiff's claims that the law violated his privacy and equal protection rights under California's constitution. Plaintiff John Doe, a terminally ill patient, wanted to end his life with the assistance of plaintiff Jack Kevorkian. The District Court dismissed Kevorkian from the action because he was not licensed to practice in the state of California and thereby lacked standing to challenge the constitutionality of California's Penal Code. The District Court applied the standard of "undue burden" in determining whether California's law against assisted suicide violated Doe's liberty interest under the due process clause of the Federal Constitution. Because the Ninth Circuit has acknowledged a liberty interest "in controlling the time and manner of one's death," and because the California Code categorically prohibits assisted suicide, the District Court found the law placed a "substantial obstacle" in a "large fraction of the cases" and therefore violated the due process clause. Relying on a California appellate court decision, the District Court held that the law prohibiting assisted suicide does not violate the plaintiff's right to privacy. The court also held that law prohibiting assisted suicide does not violate the plaintiff's right to equal protection under California law because the law bears "some rational relationship to a conceivable legitimate state purpose." |
Authors:
|
|
Related Documents
:
|
17787718 - Scientific freedom, national security, and the first amendment. 12924328 - South africa: constitutional court rejects constitutional challenge to law criminalizin... 20932338 - An appeal to humanity: legal victory in favour of north america's only supervised injec... 9328858 - The lesbian and gay liberation movement in the presbyterian church (u.s.a.), 1974-1996. 11912858 - An external evaluator's perspective on the cefp. 10976198 - A "microtubule" in a bacterium. |
Publication Detail:
|
Type: Journal Article; Legal Cases |
Journal Detail:
|
Title: Federal supplement Volume: 939 ISSN: - ISO Abbreviation: Fed Suppl Publication Date: 1996 |
Date Detail:
|
Created Date: 2005-11-11 Completed Date: - Revised Date: - |
Medline Journal Info:
|
Nlm Unique ID: 101087222 Medline TA: Fed Suppl Country: United States |
Other Details:
|
Languages: eng Pagination: 725-32 Citation Subset: - |
Export Citation:
|
APA/MLA Format Download EndNote Download BibTex |
| MeSH Terms | |
Descriptor/Qualifier:
|
|
From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
Previous Document: 66 Federal Credit Union v. Tucker.
Next Document: This is a test article.