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Posted on June 25, 2020 at 8:51 AM

Thirty years ago, today, the U.S. Supreme Court issued its decision in Cruzan v. Director, Missouri Department of Health.


The court upheld Missouri’s heightened evidentiary standard when a surrogate makes decisions about life-sustaining treatment for an incapacitated patient. The decision is also widely cited for the proposition that individuals enjoy the constitutional right to refuse medical treatment under the Due Process Clause.


The SMU Law Review is publishing a special edition commemorating the 30th anniversary of the decision. A draft of my contribution (on video advance directives) is here. A draft of Alan Meisel’s (on the history of MAID) is here.

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