MORRIS v. BRANDENBURG

NO. S-1-SC-35478.

376 P.3d 836 (2016)

2016-NMSC-027

Katherine MORRIS, M.D., Aroop Mangalik, M.D., and Aja Riggs, Plaintiffs-Petitioners, 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-Respondents.

Supreme Court of New Mexico.

Filing Date: June 30, 2016.


Attorney(s) appearing for the Case

Kennedy, Kennedy & Ives, LLC, Laura Schauer Ives , Albuquerque, NM, ACLU of New Mexico Foundation, Alexandra Freedman Smith , Albuquerque, NM, Disability Rights Legal Center, Kathryn L. Tucker , Los Angeles, CA, for Petitioners.

Fuqua Law & Policy, P.C., Scott Fuqua , Santa Fe, NM, for Respondents.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Emil J. Kiehne , Albuquerque, NM, Alliance Defending Freedom, Catherine Glenn Foster , Washington, DC, for Amici Curiae New Mexico State Senators Mark Moores, Steven P. Neville, et al.

Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu, LLP, Carolyn M. "Cammie" Nichols , Albuquerque, NM, Compassion & Choices, Kevin Diaz , Portland, OR, for Amicus Curiae Compassion & Choices.

Montgomery & Andrews, P.A., Lara Katz , Santa Fe, NM, Stephen F. Gold , Philadelphia, PA, for Amici Curiae Not Dead Yet, et al.

Coberly & Martinez, LLLP, Kristina Martinez , Santa Fe, NM, for Amicus Curiae The ALS Association New Mexico Chapter.

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

Garcia Ives Nowara LLC, Molly Schmidt Nowara , Albuquerque, NM, Covington & Burling LLP, Christina G. Kuhn , Julia F. Post , Michael S. Labson , Washington, DC, for Amici Curiae American Medical Women's Association, et al.

Stelzner, Winter, Warburton, Flores, Sanchez & Dawes, P.A., Juan L. Flores , Jaime L. Dawes , Albuquerque, NM, for Amici Curiae Archbishop John Charles Wester of the Archdiocese of Santa Fe, et al.


OPINION

{1} Since at least 1963 it has been a crime in New Mexico to deliberately aid another in the taking of his or her own life. See NMSA 1978, § 30-2-4 (1963). Yet a physician who withdraws life-sustaining treatment from a patient, at the patient's direction, and in compliance with the...

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