Was the New Mexico Supreme Court Thinking About Canada?

New Mexico Supreme Court

By Margaret Dore, Esq., MBA
Updated July 4, 2016

Yesterday, the New Mexico Supreme Court in a unanimous 5-0 decision held that there is no right to "physician aid in dying," meaning physician-assisted suicide. Notably, the Court stated that to do so would lead to "voluntary or involuntary euthanasia." The decision states:

[W]e agree with the legitimate concern that recognizing a right to physician aid in dying will lead to voluntary or involuntary euthanasia because if it is a right, it must be made available to everyone, even when a duly appointed surrogate makes the decision, and even when the patient is unable to self-administer the life-ending medication. [page 31]

The New Mexico Supreme Court thus describes the situation unfolding in Canada today: first with the Canadian Supreme Court decision in Carter (implicitly finding a right to physician-assisted suicide and euthanasia), and now with news that the BCCLA has launched a court challenge, seeking to expand that "right."

In a recent blog post, Alex Schadenberg, Executive Director of the Euthanasia Prevention Coalition, described the BCCLA challenge this way:

This is the first of many [likely] court challenges to Canada's euthanasia and assisted suicide law. The euthanasia lobby [wants] to extend euthanasia to "mature" minors, to people with dementia (through advanced directives) and for people with psychiatric conditions alone. . . .

Canada is proving the New Mexico Supreme Court right.