Montana Becomes Third State to Allow Assisted Suicide

On December 31, 2009, the Montana State Supreme Court by a 5-2 vote ruled that assisted suicide is allowed by the state statutes under the state’s living will law. The Court avoided creating a constitutional right to assisted suicide under the state constitution. This leaves the door open for legislative activity to provide protection for the vulnerable.

In his dissent, Justice Jim Rice stated that “The Court has badly misinterpreted our public policy: assisting suicide has been explicitly and expressly prohibited by Montana law for the past 114 years.”

Legal analysts opposed to the ruling believe the Court simply reached the decision it wanted to reach, ignoring decades of Montana law and numerous briefs submitted stating that those with disabilities and older people would be victimized by assisted suicide. Another example of judicial activism running wild.

Where will Compassion and Choices strike next? It has already filed suit in Connecticut with the potential for new lawsuits in other states.

Barbara Lyons