Montana and Assisted Suicide

Background

For years, assisted-suicide advocates have been attempting to change the crime of assisted suicide into an accepted medical treatment, primarily through legislative proposals and voter initiatives.  However, they have also tried to achieve their agenda by using the courts to challenge laws that prohibit assisted suicide. 

When the U.S. Supreme Court declared that such laws does not violate any federal right to privacy, the quest shifted to state courts.  Five state constitutions (Alaska, California, Florida, Hawaii, and Montana) contain explicit right to privacy provisions.  Cases based on those provisions have been heard in Alaska, California and Florida.  Each of the three time, the state supreme court found that the right to privacy in the state constitution did not apply to assisted suicide.  So, there were three more losses for assisted-suicide advocates.

In the past several years, it became apparent that Montana would be targeted for the next court challenge. 

In October 2007, a lawsuit was filed to challenge Montana's law.  Spearheaded by Compassion and Choices (the former Hemlock Society), the suit challenges Montana's law which makes assisting suicide a crime.

2009 Legislation

Rep. Dick Barrett, D-Missoula drafted a bill to enshrine Judge Dorothy McCarter's decision in Montana law. Montana assisted-suicide bill draft However the Legislature did not take action on the bill.

Current Court Case: Baxter v. State

Baxter v. Montana amicus curiae brief (PDF)

District Court Decision (12/5/08)

Motion for Stay Pending Appeal 
( Montana, USA - December 10, 2008 )
Montana Attorney General argues that "unless and until Montana's legislature decides to start down the rarely traveled path toward a regulated regimen of physician-assisted suicide, the court should refuse to blaze a trail." More

Motion for Stay Denied 
( Montana, USA - January 6, 2009 )
The trial judge has denied the State's motion for a stay. View

Articles and Updates

"Families of Dying Say Assisted Suicide Is Right"
( ABC News - September 2, 2009 )
Montana families challenging law, saying that ''denying their loved ones a 'compassionate option' to their end-of-life robs them of their right under the state constitution.'' But others warn that ''because assisted suicide is less expensive than other treatment, it would be more attractive to insurance companies.'' More

"No physician-assisted suicide bills heard in Legislature"
( Bozeman Daily Chronicle - Helena, MT USA - February 21, 2009 )
Kathryn Tucker, a lawyer for Compassion and Choices, said the guidelines in the court ruling are sufficient. "It's very unusual that a physician would be governed by a statute telling them how to practice medicine," she said. More

"Plaintiff attys win fees in assisted suicide case"
( Bollings Gazette - Billings, MT USA - February 20, 2009 )
The judge who ruled that physician-assisted suicide is legal in Montana has ordered the state to pay attorney's fees to the plaintiffs' lawyers in an amount yet to be determined. More

"Death by mail - Montana's new assisted suicide law"
( OneNewsNow - January 19, 2009 )
Doctor-assisted suicide is legal in Oregon and Washington, but Rita Marker of the International Task Force on Euthanasia and Assisted Suicide says what sets the situation apart in Montana is that the ruling has no boundaries or safeguards. More

"Stay of ruling on suicide rejected"
( Billings Gazette - Billings, Montana USA - January 8, 2009 )
A state district judge in Helena on Wednesday denied a request from the Montana Attorney General's Office to stay her judicial order that recently affirmed a constitutional right to physician-assisted suicide. More

"Montana Judge: Man Has Right to Assisted Suicide"
( ABC News - Helena, Montana USA - December 6, 2008 )
A Montana judge has ruled that doctor-assisted suicides are legal in the state, a decision likely to be appealed as the state argues that the Legislature, not the court, should decide whether terminally ill patients have the right to take their own life. View Decision

"Judge rules in favor of assisted suicide"
( Helenair.com - Montana, USA - December 7, 2008 )
A state district judge has ruled Montana residents have the right to doctor-assisted suicide. The ruling issued late Friday by Judge Dorothy McCarter makes Montana the third state in which doctor-assisted suicide is legal. More

"Billings man at center of state lawsuit over the right to die"
(KTVQ-TV, Billings, Montana 10/19/07) 

"Two terminally ill Montana residents sue state in right-to-die case" 
(Great Falls Tribune, 10/18/07)