Morris v. New Mexico

  • Status: Lost
  • Latest Update: Oct 03, 2016
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In 2012, the ACLU of New Mexico filed Morris v. New Mexico based on a simple premise: dying people shouldn't be forced to suffer at the end of life. Two Albuquerque Oncologists, Dr. Katherine Morris and Dr. Aroop Mangalik, joined together with Aja Riggs, a cancer patient from Santa Fe, to ask the courts to clarify that New Mexico's law against "assisting suicide" does not apply to physician aid in dying, the medical practice in which a mentally competant, terminally ill patient can request a life-ending medication from their doctor in order to have a peaceful and dignified death. Whether or not the patient ultimately chooses to use the medication, the knowledge that they have options if their dying process becomes unbearable provides a great deal of peace of mind for many people facing the end stages of a terminal illness.

A district court judge concurred with the ACLU's position that aid in dying is a "fundamental right" under the New Mexico State Constitution, however the ruling was overturned in a split decision in the New Mexico Court of Appeals. The New Mexico Supreme Court sustained the Court of Appeals decision, bringing the case to a close.

Having exhuasted legal options in the state courts, the ACLU of New Mexico, along with allied organizations, concerned individuals, and state lawmakers are currently working to establish physician aid in dying through an act of the state legislature.

Attorney(s):
Laura Schauer Ives, Alexandra Freedman Smith, Maureen Sanders, Katherine L. Tucker
Pro Bono Firm:
Kennedy, Kennedy & Ives

ACLU Seeks Ruling that Physicians Can Provide Aid in Dying

 New Mexico Doctors, Com

By Micah McCoy

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ACLU of New Mexico Responds to Court of Appeals Ruling on Physician Aid in Dying Case

ALBUQUERQUE, NM—Today, the American Civil Liberties Union (ACLU) of New Mexico responded to the New Mexico Court of Appeals decision overturning the District Court ruling in Morris v. New Mexico, the case seeking the right for mentally competent, terminally ill patients to seek physician aid in dying. In 2014, the New Mexico 2nd District Court ruled that aid in dying is a fundamental right protected by the New Mexico State Constitution.

By Micah McCoy

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ACLU-NM, DRLC Ask New Mexico Supreme Court to Expedite Review of Physician Aid in Dying Case

SANTA FE, NM—Today, the American Civil Liberties Union (ACLU) of New Mexico and the Disability Rights Legal Center (DRLC) filed a writ with Supreme Court of New Mexico, asking the court to expedite review of Morris v. New Mexico,  the case seeking the right of mentally competent, terminally ill people to seek physician aid in dying. On August 11, the New Mexico Court of Appeals overturned the District Court’s previous decision which stated that aid in dying is a “fundamental right.” The Court of Appeals’ opinion makes the medically sound and safe practice of aid in dying illegal in New Mexico and leaves many terminally ill New Mexicans without the ability to avoid unnecessary suffering at the end of their life.

By Micah McCoy

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Aid in Dying: David Bradley's Statement

I am 61 years old, I have made my living as an artist for 35 years. I am a member of the Minnesota Chippewa Tribe and my wife and son are members of Jemez Pueblo. I have lived in New Mexico for almost 40 years.

By Micah McCoy

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Aid in Dying: Sue Brown's Statement

I am a 65 year old Albuquerque resident who is dying from cancer.  I have a bachelor’s degree in psychology and a master’s degree in counseling education.  I worked for 26 years for the Department of Energy here in Albuquerque.  I have a daughter and two granddaughters who live in Albuquerque.

By Micah McCoy

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Compassionate Aid in Dying: Adrienne’s Story

Today I am celebrating my mother’s life and thinking about the comfort her choice of physician-aid-in-dying has brought to me over the years.  On my walk this morning I had a big smile on my face thinking of my time with her at the end of her life.

By Micah McCoy

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VIDEO: Aja Riggs, Cancer Patient, Joins Aid in Dying Lawsuit

httpv://www.youtube.com/watch?v=w2KdfENYpTU

By Micah McCoy

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News & Commentary
Mar 15, 2012
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ACLU Seeks Ruling that Physicians Can Provide Aid in Dying

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Aug 11, 2015
Supreme-Court-Seal.jpg

ACLU of New Mexico Responds to Court of Appeals Ruling on Physician Aid in Dying Case

ALBUQUERQUE, NM—Today, the American Civil Liberties Union (ACLU) of New Mexico responded to the New Mexico Court of Appeals decision overturning the District Court ruling in Morris v. New Mexico, the case seeking the right for mentally competent, terminally ill patients to seek physician aid in dying. In 2014, the New Mexico 2nd District Court ruled that aid in dying is a fundamental right protected by the New Mexico State Constitution.
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Aug 19, 2015
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ACLU-NM, DRLC Ask New Mexico Supreme Court to Expedite Review of Physician Aid in Dying Case

SANTA FE, NM—Today, the American Civil Liberties Union (ACLU) of New Mexico and the Disability Rights Legal Center (DRLC) filed a writ with Supreme Court of New Mexico, asking the court to expedite review of Morris v. New Mexico,  the case seeking the right of mentally competent, terminally ill people to seek physician aid in dying. On August 11, the New Mexico Court of Appeals overturned the District Court’s previous decision which stated that aid in dying is a “fundamental right.” The Court of Appeals’ opinion makes the medically sound and safe practice of aid in dying illegal in New Mexico and leaves many terminally ill New Mexicans without the ability to avoid unnecessary suffering at the end of their life.
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Aug 19, 2015
David-Bradley-at-MIAC.jpg

Aid in Dying: David Bradley's Statement

I am 61 years old, I have made my living as an artist for 35 years. I am a member of the Minnesota Chippewa Tribe and my wife and son are members of Jemez Pueblo. I have lived in New Mexico for almost 40 years.