The Washington Times reported yesterday that the New Mexico Court of Appeal overturned Nash’s activist assisted suicide decision.
The New Mexico Court of Appeals handed a defeat to the right-to-die movement Tuesday by striking down a lower-court ruling establishing physician-assisted suicide.
The three-judge panel ruled 2-1 that the district court had erred when it determined that “aid in dying is a fundamental liberty interest.”
The case concerned Aja Riggs, who had uterine cancer, who said that she wanted to die by assisted suicide, and two doctors who were willing to prescribe lethal drugs.
The case argued that “aid in dying”, which is also known as assisted suicide, is not prohibited by the New Mexico assisted suicide law because “aid in dying” is not assisted suicide.
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The case argued, that if “aid in dying” is assisted suicide, then the New Mexico assisted suicide law is unconstitutional because it undermines the right to privacy and autonomy.
But, Aid in dying is assisted suicide and assisted suicide does not constitute medical treatment. Therefore prohibiting assisted suicide does not undermine the right to privacy or autonomy.
A similar case was dismissed by the Connecticut court in 2010.
Riggs told the Albuqueque journal last December that she was now in remission. She is fortunate that the court did not give her an exemption to die by assisted suicide.