MORRIS v. BRANDENBURG

No. 33,630.

356 P.3d 564 (2015)

2015-NMCA-100

Katherine MORRIS, M.D., Aroop Mangalik, M.D., and Aja Riggs, Plaintiffs-Appellees, v. Kari BRANDENBURG, in her official capacity as District Attorney for Bernalillo County, New Mexico, and Gary King, in his official capacity as Attorney General of the State of New Mexico, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Granted, August 31, 2015, No. 35,478.


Attorney(s) appearing for the Case

Kennedy Kennedy & Ives, LLC, Laura Schauer Ives , ACLU of New Mexico Foundation, Alexandra Freedman Smith , Albuquerque, NM, Kathryn L. Tucker , Ojai, CA, for Appellees.

Hector H. Balderas , Attorney General, Scott Fuqua , Assistant Attorney General, Santa Fe, NM, for Appellants.

Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu, LLP, Kristina Martinez , Carolyn M. "Cammie" Nichols , Santa Fe, NM, for Amicus Curiae The ALS Association New Mexico Chapter.

Montgomery & Andrews, P.A., Lara Katz , Santa Fe, NM, for Amicus Curiae Disability Rights Amici: Not Dead Yet, Adapt, American Association of People With Disabilities, Autistic Self Advocacy Network, Disability Rights Education and Defense Fund, National Council on Independent Living, and the United Spinal Association.

Garcia Ives Nowara, LLC, Molly Schmidt Nowara , Albuquerque, NM, Covington & Burling, LLP, Christina G. Kuhn , Washington, DC, for Amicus Curiae American Medical Women's Association, American Medical Student Association, and New Mexico Public Health Association.

Robert Schwartz , Albuquerque, NM, for Amicus Curiae New Mexico Psychological Association.

Alliance Defending Freedom, Catherine Glenn Foster , Washington, DC, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Emil J. Kiehne , Albuquerque, NM, for Amicus Curiae State of New Mexico Senators William F. Burt, Mark Moores, Steven P. Neville, William E. Sharer, and Pat Woods; State of New Mexico Representatives Paul C. Bandy, Sharon Clahchischilliage, David M. Gallegos, Jason C. Harper, Yvette Herrell, and James R.J. Strickler; and Christian Medical and Dental Associations.

Stelzner, Winter, Warburton, Flores, Sanchez & Dawes, P.A., Juan L. Flores , Jaime L. Dawes , Albuquerque, NM, for Amicus Curiae Michael J. Sheehan of the Archdiocese of Santa Fe, Bishop Oscar Cantú of the Diocese of Las Cruces, and Bishop James A. Wall of the Diocese of Gallup.


OPINION

{1} A New Mexico statute makes "assisting suicide" a fourth degree felony and defines the proscribed conduct as "deliberately aiding another in the taking of his own life." NMSA 1978, § 30-2-4 (1963). The question presented is whether this statute may constitutionally be applied to criminalize a...

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