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The Other Right-to-Life Debate: When Does Fourteenth Amendment "Life" End?

Abstract

A new medical controversy is developing. Thousands of brain-damaged and seriously ill patients who owe their existence to medical technology are seeing that existence threatened by a growing acceptance of medical rationing and euthanasia. Some medical professionals, insurance executives, and legislators advocate denying life-sustaining care and treatment to certain classes of patients, even against the wishes of a patient. Professor Linder examines whether a state that participates in a decision to deny life-sustaining care violates the guarantee of the Fourteenth Amendment that no person shall be deprived of life without due process of law. Professor Linder suggests that the answer may depend upon whether the injury of a patient is of such a nature as to negate any "life" interest that the patient would otherwise have.

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37 Ariz. L. Rev. 1183 (1995)

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Authors

Douglas O. Linder (University of Missouri-Kansas City)

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