The Right to Die: Understanding Glucksberg and End-of-Life Laws in New York and New Jersey
The Glucksberg Ruling and Its Impact
In 1997, the U.S. Supreme Court unanimously ruled in Washington v. Glucksberg that there is no constitutional right to assisted suicide. This landmark decision upheld state laws prohibiting physician-assisted death, finding that such bans did not violate the Due Process Clause of the Fourteenth Amendment.While Glucksberg closed the door on a federal right to die, it left room for individual states to legislate on the issue. As Chief Justice Rehnquist noted, the ruling permitted the debate around assisted death to continue “as it should in a democratic society”.
Current Laws in New York and New Jersey
New York
New York currently prohibits physician-assisted suicide. However, there have been ongoing efforts to pass a Medical Aid in Dying Act, which would allow terminally ill patients to request life-ending medication. Despite growing public support, with 72% of New York voters favoring death with dignity as of 2024, legislation has yet to pass.
New Jersey
In contrast, New Jersey enacted the Medical Aid in Dying for the Terminally Ill Act in 2019. This law permits terminally ill adult residents with a prognosis of six months or less to live to request and self-administer life-ending medication.
Key Differences Between Assisted Death and Refusal of Treatment
It’s crucial to distinguish between assisted death and the right to refuse medical treatment:
- Assisted death involves taking active steps to end one’s life, typically through prescribed medication.
- Refusing treatment allows a natural death to occur by declining life-sustaining interventions.
The Supreme Court has recognized a constitutional right to refuse unwanted medical treatment, as established in Cruzan v. Director, Missouri Department of Health.
Documenting End-of-Life Wishes
For both New York and New Jersey residents, clearly documenting end-of-life wishes is essential. Here are some hypothetical examples of reliable evidence of a patient’s wishes:
- Advance Directive: A detailed, written document specifying preferred medical treatments and naming a healthcare proxy. For example:
“I, John Doe, being of sound mind, do not wish to be placed on artificial life support if there is no reasonable expectation of recovery.” - Video Recording: A video statement where the patient clearly expresses their wishes. For instance:
“My name is Jane Smith, and I’m recording this on [date]. If I become terminally ill, I do not want to be kept alive by artificial means.” - Consistent Verbal Statements: Multiple, documented conversations with healthcare providers and family members over time. For example, medical records noting:
“Patient has consistently expressed desire for comfort care only in the event of terminal illness over the past three annual check-ups.” - POLST Form: A Physician Orders for Life-Sustaining Treatment form, signed by both patient and doctor, detailing specific medical orders. For instance:
“Do Not Resuscitate (DNR) and Comfort Measures Only” - Notarized Letter: A formal, notarized letter expressing the patient’s wishes. For example:
“I, [Name], hereby declare that in the event of a terminal illness, I wish to refuse all life-prolonging treatments and request only palliative care.”
While Glucksberg ruled against a constitutional right to assisted death, it allowed states to address the issue individually. New Jersey has since legalized medical aid in dying, while New York continues to debate the matter. Regardless of location, it’s crucial for individuals to clearly document their end-of-life wishes to ensure their autonomy is respected.If you have questions about end-of-life planning or need assistance with advance directives, contact The Law Office of Barry E. Janay, P.C. for expert legal guidance tailored to your specific situation.
