NO "AID-IN-DYING" IN NEW YORK

Sara Myers et al. v. Eric Schneiderman et al., NYS Court of Appeals, Opinion 77, September 7, 2017:

"Plaintiffs ask us to declare a constitutional right to "aid-in-dying," which they define (and we refer to herein) as the right of a mentally competent and terminally ill person to obtain a prescription for a lethal dosage of drugs from a physician, to be taken at some point to cause death.  Although New York has long recognized a competent adult's right to forgo life-saving medical care, we reject plaintiffs' argument that an individual has a fundamental constitutional right to aid-in-dying as they define it.  We also reject plaintiffs' assertion that the State's prohibition on assisted suicide is not rationally related to legitimate state interests."

The full decision can be found here: http://www.nycourts.gov/ctapps/Decisions/2017/Sep17/77opn17-Decision.pdf

END OF LIFE CHOICES

In February of 2015 End of Life Choices New York filed a lawsuit, Myers v. Schneiderman, to establish aid in dying as a right under current law or under the New York State Constitution. The lawsuit was dismissed by a lower court, an appeal to the Appellate Division, First Department. affirmed the lower court ruling in May 2016. In September of 2016, the Court of Appeals ruled to hear the appeal and oral arguments are scheduled for May 30, 2017.

Many organizations have requested to file briefs or appear amici curiae - most recently on May 13, news correspondent and author Betty Rollin, who has been active in the Death with Dignity movement, was granted leave to file a brief. Myers v. Schneiderman, 2017 NY Slip Op 72536 - NY: Court of Appeals May 4, 2017. Motion No. 2017-477.