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.

Articles

"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)