In Washington v. Glucksberg, the Court declined to find a right to physician-assisted suicide (“PAS”) in the Constitution. Not a single Justice dissented. One would expect such a ruling to be quite secure. But Lawrence v. Texas, holding that a state cannot make consensual homosexual conduct a crime, is not easy to reconcile with Glucksberg. Lawrence certainly takes a much more expansive view of substantive due process than did Glucksberg. It is conceivable that the five Justices who made up the Lawrence majority—all of whom still sit on the Court—might overrule Glucksberg. For various reasons, however, this seems improbable.
June 2008 Vol. 106 No. 8 THE REVIEW
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