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- Title
Cruzan after Dobbs: What Remains of the Constitutional Right to Refuse Treatment?
- Authors
Dresser, Rebecca
- Abstract
In 2022, the U.S. Supreme Court removed constitutional protection from the individual's right to end a pregnancy. In Dobbs v. Jackson Women's Health Organization, the Court invalidated previous rulings protecting that right as part of the individual liberty and privacy interests embedded in the U.S. Constitution. Now, many observers are speculating about the fate of other rights founded on those interests. The Dobbs ruling conflicts with the Court's 1990 Cruzan decision restricting the government's power to interfere with personal medical choices. The language and reasoning in Dobbs and Cruzan offer guidance on how the Court might address future cases involving the right to refuse life‐sustaining treatment. The decisions also point to policy strategies for preserving that right.
- Subjects
UNITED States; ASSISTED suicide laws; RIGHT to die laws; ABORTION laws; ABORTION in the United States; PATIENT refusal of treatment; DO-not-resuscitate orders; ATTITUDES toward abortion; BIOETHICS
- Publication
Hastings Center Report, 2023, Vol 53, Issue 2, p9
- ISSN
0093-0334
- Publication type
Article
- DOI
10.1002/hast.1469