The aftershocks of the Terri Schiavo case encourage us to consider what, if any, life-sustaining treatment we would want in similar circumstances. But how do you make your wishes known? And to what extent is your own will-to-live subordinate to the state’s mandate-to-live?
Since 1990, the Supreme Court has maintained that a competent person always has the constitutional right to accept or refuse medical treatment, Cruzan v. Director, Missouri Department of Health 497 U.S. 261. Inherent in due process is your right to accept or to attempt to prolong the natural dying process. On the other hand, the state’s duty is to protect human life and dignity’ and to exercise particular oversight especially when one cannot communicate competently. Striking a proper balance between the state’s interest in protecting life and the individual’s right to self-determination is no easy task for the legal system or the human conscience.
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