Montana Supreme Court to hear argument in aid-in-dying case

Compassion& Choices and four Montana doctors filed their brief with theMontana Supreme Court August 14 in the case of Baxter et al v. Montana.Plaintiff Robert Baxter was suffering from lymphocytic leukemia whenthe case was filed and died late last year.

Theappellees urge the State’s highest court to affirm the lower court’sdecision, which found that aid in dying was a fundamental right underthe Montana Constitution’s guarantees of privacy and dignity.Compassion & Choices’ Legal Director Kathryn Tucker and well-knownMissoula litigator Mark Connell represent the plaintiffs/appellees.

Here are excerpts from the brief:

“Patientswill inevitably confront the question of whether to choose aid in dyingin different ways. This is as it should be. Because individual lives,deaths and consciences are at stake, each individual bears theconsequences of his/her decision. The question before this Court iswhether individuals who want aid in dying will be allowed to choose it,or whether the government will be permitted to make the choice for themand flatly ban the option. “

“Decidinghow much suffering to endure in the final ravages of terminal illnessis without doubt among the most private, personal, and importantdecisions of a lifetime. The right to choose aid in dying warrantsconstitutional protection and should not be usurped by the State.”

The Montana Supreme Court will hear oral arguments Wednesday, September 2nd, in Helena. If the Court affirms, it will be the first high court in the nation to find constitutional protection for aid in dying.