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Facts

  • Three plaintiffs, two physicians and one patient diagnosed with uterine cancer, sought a declaration that they could not be prosecuted under a New Mexico statute for engaging in "aid in dying," defined as a physician providing a mentally competent, terminally ill patient with a prescription for medication to end their life peacefully (paras 2-3). The plaintiffs argued that the statute does not apply to aid in dying and, if it does, such application violates provisions of the New Mexico Constitution (para 4).

Procedural History

  • District Court of Bernalillo County: Held that the statute prohibiting assisting suicide is invalid under two provisions of the New Mexico Constitution as applied to any physician who provides aid in dying to a patient.
  • Court of Appeals of New Mexico: Reversed the district court's order, concluding that aid in dying is not a fundamental liberty interest under the New Mexico Constitution.

Parties' Submissions

  • Plaintiffs: Argued that the statute does not apply to aid in dying and, if it does, such application violates the New Mexico Constitution, including the right to liberty and seeking happiness, and the due process protections (para 4).
  • Defendants: Contended that there is no fundamental right to assistance in committing suicide, including aid in dying, and that the district court's ruling infringes on the separation of powers by legalizing conduct designated as a crime by the Legislature (para 14).

Legal Issues

  • Whether the New Mexico statute criminalizing "assisting suicide" applies to and constitutionally prohibits aid in dying as defined by the parties (paras 1, 15).
  • Whether aid in dying constitutes a fundamental or important liberty interest protected under the New Mexico Constitution (paras 21, 104).

Disposition

  • The Court of Appeals reversed the district court's order enjoining the State from enforcing the statute against physicians who provide aid in dying, affirming the district court's determination that the statute prohibits aid in dying.

Reasons

  • The Court of Appeals found that the statute's definition of "assisting suicide" encompasses aid in dying as defined by the parties (para 18). The court concluded that aid in dying is not a fundamental liberty interest under the New Mexico Constitution, based on its interpretation of the Constitution, the lack of historical protection for such a right, and the persuasive value of the U.S. Supreme Court's decision in Washington v. Glucksberg (paras 29, 34, 43). The court also noted that the State's interests in preserving life, preventing suicide, and protecting the integrity of the medical profession are legitimate and rational, and that the statute is related to these interests (paras 37, 121-133). The court suggested a remand for further proceedings regarding whether the statute meets intermediate scrutiny or a rational basis standard of review as applied to aid in dying, and to address remaining claims raised by Plaintiffs (para 53).
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