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Anonymous
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I predict the court will uphold Judge McCarters ruling and rule that death with dignity is a right under Montana's Constitution.....
Montana Supreme Court hears arguments on Death With Dignity
by: CarlaAxtman
Wed Sep 02, 2009 at 14:54:29 PM MDT
This morning in a Helena courtroom, the Montana Supreme Court heard oral arguments on Baxter v. Montana. This case will decide whether terminally-ill, mentally competent adults have the right to choose aid in dying.
The Montana State Constitution contains broad clauses for dignity and privacy. The question before the court is whether those clauses protect the right to aid in dying.
In December, District Court Judge Dorothy McCarter ruled in a summary judgment that aid in dying is indeed a protected right under the Montana Constitution. The case heard today will give the higher court an opportunity to affirm that decision.
A diverse array of individuals and groups have provided friend of the court briefs in support of aid in dying. Human rights groups, women's groups, people of faith, legal scholars and many others contributed to these briefs.
Compassion & Choices Legal Director Kathryn Tucker, co-counsel to the plaintiffs/respondents said, "This case is about the right of mentally-competent, terminally-ill patients to request a prescription for medication from their doctors which they can ingest to bring about a peaceful death. This is a choice the Constitution entrusts in them, not the government."