by Stephen Reinhardt

About the author: Stephen Reinhardt is a circuit judge for the U.S. Court of Appeals for the Ninth Circuit.

Editor’s Note: The following viewpoint is excerpted from the Ninth Circuit Court of Appeals decision in Compassion in Dying v. State of Washington (1996).

We are required to decide whether a person who is terminally ill has a constitutionally protected liberty interest in hastening what might otherwise be a protracted, undignified, and extremely painful death. If such an interest exists, we must next decide whether or not the state of Washington may constitutionally restrict its exercise by banning a form of medical assistance that is frequently requested by terminally ill people who wish to die. We first conclude that there is a constitutionally protected liberty interest in determining the time and manner...