| Baxter, et al., v. Montana, et al. | |
|---|---|
 | |
| Court | Montana Supreme Court |
| Full case name | Robert Baxter, Stephen Speckart, M.D., C. Paul Loehnen, M.D., Lar Autio, M.D., George Risi Jr., M.D., and Compassion & Choices, Plaintiffs and Appellees, v. State of Montana and Steve Bullock, Defendants and Appellants |
| Argued | September 2 2009 |
| Decided | December 31 2009 |
| Citation | MT DA 09-0051, 2009 MT 449 |
| Holding | |
While the State Constitution did not guarantee a right to physician-assisted suicide, there was "nothing in Montana Supreme Court precedent or Montana statutes indicating that physician aid in dying is against public policy." | |
| Court membership | |
| Judges sitting | Chief Justice Mike McGrath (recused) Associate Justices James C. Nelson, W. William Leaphart, Patricia O. Cotter, James A. Rice, John Warner, Brian Morris Justice Pro Tem District Judge Joe L. Hegel (sitting in place of McGrath) |
| Case opinions | |
| Majority | Leaphart, joined by Cotter, Warner, Morris |
| Dissent | Rice, joined by Hegel |
| Part of a series on |
| Euthanasia |
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Baxter v. Montana, is a Montana Supreme Court case, argued on September 2, 2009, and decided on December 31, 2009, that addressed the question of whether the state's constitution guaranteed terminally ill patients a right to lethal prescription medication from their physicians.[1][2] The Montana Supreme Court sidestepped the question of if medical aid in dying is guaranteed under Montana State Constitution, but it instead ruled, on narrower grounds, that neither legal precedent nor the state's statute deem such assistance to be against public policy or illegal.[3] Montana is one of ten states in which aid in dying is authorized. The others are California, Colorado, Hawaii, Maine, New Jersey, New Mexico, Oregon, Vermont, and Washington; it is authorized in the District of Columbia as well.[4][5]
- ^ Baxter v. State, 2009 MT 449[permanent dead link], 224 P.3d 1211, 354 Mont. 234 (2009).
- ^ Johnson, Kirk (August 31, 2009). "Montana Court to Rule on Assisted Suicide Case" – via NYTimes.com.
- ^ Johnson, Kirk (December 31, 2009). "Montana Ruling Bolsters Doctor-Assisted Suicide". The New York Times. ISSN 0362-4331. Retrieved December 30, 2016.
- ^ "Colorado medical-aid-in-dying law signed, takes effect immediately". Retrieved December 30, 2016.
- ^ "New Jersey legalizes medically assisted dying". Retrieved July 10, 2019.