Washington State's "Death With Dignity Act" Now in Effect

The State of Washington now permits certain medical patients to seek physician-assisted suicide. Under the law, terminally ill patients whom doctors have diagnosed as having six or fewer months to live can end their lives with a lethal dose of medication prescribed by a doctor.

The Washington law is very similar to an Oregon law, which has existed for ten years. Oregon, Washington and Montana are the only states that permit physician-assisted suicide.

No U.S. Constitutional Right to Physician-Assisted Suicide, But to Refuse Life-Sustaining Medical Treatment
While Oregon and Washington moved to permit physician-assisted suicide through legislation, in Montana, a court recently held that the right exists under the state constitution. By contrast, in the 1997 case Washington v Glucksberg, the Supreme Court held that the U.S. Constitution does not confer upon terminally ill individuals a fundamental right to physician-assisted suicide. The Court recognized that states have always criminalized suicide and assisting a suicide.

The Court also attempted to distinguish physician-assisted suicide from the rejection of life-sustaining medical treatment, which Court precedent recognizes as implicating fundamental liberty interests. Even though both of these acts can ultimately cause the patient's death, the Court held that the "active" and "passive" distinction was still relevant.

The Court argued that throughout U.S. history, the delivery of unwanted medical treatment was seen as a "battery" -- while assisting suicide was a crime. Therefore, the active/passive distinction matters in terms of deciding whether a fundamental right to physician-assisted suicide exists. The Court's fundamental rights analysis often considers whether an asserted right has received protection historically.

For more information, see: State's Hospitals Formulate Assisted-Suicide Plan

Spookiest State Polls of the Day (Take One): Minnesota and Montana

In an earlier blog entry, I discussed the wide variation among the results of the latest national polls. Now, state polling data from Minnesota and Montana also show peculiar results.

Survey USA, a highly accurate and reputable pollster, released a poll today which shows Obama leading McCain in Minnesota by only 3 points. Because the lead fits within the margin of error, the race is statistically tied. Furthermore, because 2% of voters report being undecided, the Minnesota race is truly a tossup if this poll is accurate.

Moving to the West, the latest release from Public Policy Polling shows Obama with a one-point lead over McCain. The results of this poll also lie within the margin of error. In this poll, Obama receives a tremendous boost from early and younger voters. Among election-day voters, McCain has a sizable lead.

The Minnesota poll is consistent with an IBD-TIPP poll which, contrary to most other surveys, shows McCain closing in or leading in the Midwest, while the Montana results, if correct, would substantiate Obama's claim of success in the West. Although conventional wisdom predicts a landslide victory for Democrats, the race could actually end up as a thriller.