American’s Privacy Right to Die: Heightened Scrutiny Should Be Applied in Court

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Abstract

This paper examines the evolution and application of the right-to-die within the context of U.S. constitutional law, focusing on landmark cases such as Quinlan, Cruzan, and Schiavo. It explores the intersection of individual privacy, autonomy, and state interests, emphasizing the challenges courts face in adjudicating end-of-life decisions for incompetent patients. The analysis highlights the inconsistencies in judicial standards, the role of substituted judgment, and the socio-ethical implications of family disputes in such cases. The paper argues for heightened judicial scrutiny in right-to-die cases to ensure justice, prevent irreversible errors, and address the complexities of family dynamics, evidential burdens, and due process. Counterarguments are addressed, advocating for the balance between preserving human dignity and respecting family relationships. Ultimately, the paper underscores the need for clearer legal frameworks and procedural safeguards in navigating this sensitive and evolving area of law.
Original languageEnglish
Publication statusPublished - 9 Dec 2025
EventThe Society of Legal Scholars (SLS) Public Law ECR & PGR Workshop - Online via MS Teams
Duration: 9 Dec 20259 Dec 2025
https://www.legalscholars.ac.uk/event/sls-public-law-section-early-career-workshop/

Workshop

WorkshopThe Society of Legal Scholars (SLS) Public Law ECR & PGR Workshop
Period9/12/259/12/25
Internet address

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 3 - Good Health and Well-being
    SDG 3 Good Health and Well-being
  2. SDG 10 - Reduced Inequalities
    SDG 10 Reduced Inequalities
  3. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

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