Posted on September 11, 2017 at 1:18 PM
In his concurring opinion in Myers v. Schneiderman, Justice Garcia observed that “not a single plaintiff has asserted a successful constitutional challenge to an assisted suicide ban.”
This is not strictly true. There have been several successful state constitutional challenges. Plaintiffs in Florida, New Mexico, and Montana all secured judgments that the state constitution protects aid in dying.
Admittedly, the Florida and New Mexico judgments weer were later reversed on appeal. But the Montana judgment was neither affirmed nor reversed.