New Mexico Attorney General may appeal assisted suicide court decision

By Alex Schadenberg
International Chair - Euthanasia Prevention Coalition

On January 13, 2014; Judge Nan Nash, of the Second Judicial District in New Mexico made the wrong decision in the case Morris v New Mexico. Nash decided to legislate from the bench by allowing New Mexico doctors to prescribe lethal drugs to assist the suicide deaths of their patients.

Urge Attorney General Gary King to appeal the assisted suicide court decision. Protect New Mexico Citizens from Assisted Suicide.

A Santa Fe New Mexico newspaper has reported that New Mexico's Attorney General, Gary King, may appeal Judge Nash's assisted suicide decision. The article stated:

Gary King

“I think it’s likely that we will appeal,” King said Wednesday. “This does seem to be a case where an appeal would be good to get some final determination that applies statewide.” 

King said discussions with 2nd District Attorney Kari Brandenburg are ongoing about possible grounds for an appeal. The most likely point of legal attack is which arm of government has appropriate jurisdiction to establish physician-assisted suicide policy. 

“This is a decision that’s sort of in the realm of the state Legislature,” King said.

Morris v. New Mexico, which was heard December 12 - 13, 2013, is based on a word game and it should have been dismissed.


The case claimed that "aid in dying", which is also known as assisted suicide, is not prohibited by the New Mexico assisted suicide law because "aid in dying" is not assisted suicide.

The case argued, that if "aid in dying" is assisted suicide, then the New Mexico assisted suicide law is unconstitutional because it undermines the right to privacy and autonomy.

"Aid in dying" is assisted suicide and assisted suicide does not constitute medical treatment. Therefore prohibiting assisted suicide does not undermine the right to privacy or autonomy.

The Judge did not take into account that assisted suicide is different than suicide because assisted suicide requires the direct involvement of another person. It is not possible to protect vulnerable citizens from assisted suicide abuse, especially when elder abuse is involved.

Urge Attorney General Gary King to appeal the assisted suicide court decision.

Links to more information:
Attorney General must appeal assisted suicide court ruling in New Mexico.
Court imposes assisted suicide in New Mexico.
Assisted suicide full of dangers.
Assisted suicide is being debated throughout the US.