June 2008 Vol. 106 No. 8 THE REVIEW
ARTICLES

Foreword: Can Glucksberg Survive Lawrence? Another Look at the End of Life and Personal Autonomy

Yale Kamisar

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 GlucksbergLawrence 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.

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Scrutiny Land

Randy E. Barnett
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Washington v. Glucksberg Was Tragically Wrong

Erwin Chemerinsky
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Substantive Due Process after Gonzales v. Carhart

Steven G. Calabresi
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Due Process Traditionalism

Cass R. Sunstein
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De-Moralized: Glucksberg in the Malaise

Steven D. Smith
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In the Laboratory of the States: The Progress of Glucksberg's Invitation to States to Address End-of-Life Choices

Kathryn L. Tucker
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Physician-Assisted Suicide in Oregon: A Medical Perspective

Herbert Hendin & Kathleen Foley
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Death, Dying and Domination

Marc Spindelman
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