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University of Michigan Law School

1990

Health Law and Policy

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The Right To Die: Green Lights And Yellow Lights, Yale Kamisar Jan 1990

The Right To Die: Green Lights And Yellow Lights, Yale Kamisar

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In the long-awaited and much-discussed Nancy Cruzan case, a 5-4 Supreme Court majority ruled that absent "clear and convincing evidence" that a once but no longer competent patient wishes to discontinue her life support (in this instance artificial nutrition and hydration) a state is not constitutionally compelled to terminate that support.

Nancy's situation is tragic. Since suffering severe injuries in 1983, she has been in a persistent vegetative state. Yet medical experts testified that if her feeding tube were not removed she could linger on in her present condition for many years.

But the first thing to keep in mind …