Sunday, October 20, 2013

Cruzan v. Missouri

Cruzan v. Missouri

Year:Decided on June,25,1990

Results:4 votes Cruzan, 5 votes against, in favor of Missouri

Constitutional Issue:Due process clause under 14th amendment

Civil Rights/Liberties:Civil Liberties

Significance:The court created a new standard that stated people have the right to refuse medical treatment under the Due Process Clause. Since there was no "clear and convincing evidence" of what Nancy Cruzan wanted, the Court upheld the state's policy.

Quote from Majority Opinion:Justice Rehnquist "Petitioner Nancy Beth Cruzan was rendered incompetent as a result of severe injuries sustained during an automobile accident. Co-petitioners Lester and Joyce Cruzan, Nancy's parents and co-guardians, sought a court order directing the withdrawal of their daughter's artificial feeding and hydration equipment after it became apparent that she had virtually no chance of recovering her cognitive faculties. The Supreme Court of Missouri held that because there was no clear and convincing evidence of Nancy's desire to have life-sustaining treatment withdrawn under such circumstances, her parents lacked authority to effectuate such a request."

Dissent:Justice Brennan wrote that while technology has come far and that todays technology can sustain life some people don't want this at all and would rather die naturally.

6 Word Summary:No clear and convincing evidence desire

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