Court Says New Mexico Constitution Allows Physician "Aid In Dying"

In Morris v. Brandenberg,(NM Dist. Ct., Jan. 13, 2014), a New Mexico state trial court held that:

the liberty, safety and happiness interest of a competent, terminally ill patient to choose aid in dying is a fundamental right under our New Mexico Constitution.

The court defined aid in dying as "the practice of a physician providing a mentally competent, terminally ill patient with a prescription for medication which the patient may choose to ingest to achieve a peaceful death and thereby avoid further suffering."  The court enjoined the state from prosecuting physicians under the state's ban on assisting suicide (NMSA 1978 Sec. 30-2-4) for providing aid in dying to terminally ill, mentally competent individuals. The ACLU issued a  press release announcing the decision. The Santa Fe Reporter reports on the decision.